Msc.  pubsj 


\Los  Angeles  County,  Ca. 
U&uperior  Court, 
[Miscellaneous  publications] 

Probate  forms,  decrees  and  orders,  1910/ 


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erior  Cour 

Angeles  County,  California 
Department  2 


Probate  Forms,  Decrees 
and  Orders 


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SRIF 


Superior  Court 

Los  Angeles  County,  California. 
Department  2 


Probate  Forms,  Decrees 
and  Orders 


PREFACE. 

The  forms  herein  published  are  those  approved  and 
used  in  this  court,  and  as  heretofore,  all  orders  and 
decrees  will  be  prepared  and  entered  by  the  clerks  of 
the  court  in  accordance  with  such  forms,  unless  for 
some  good  reason  a  change  is  required.  Attorneys  are 
requested  to  use  this  book,  and  by  so  doing  assist  the 
court  in  the  dispatch  of  the  large  volume  of  probate 
business  transacted  in  this  county. 

JAMBS  C.  RIVES, 

Judge. 


TABLE  OF  CONTENTS. 


Adoption   Forms 

Agreement  to  Adopt  a  Minor 11 

Consent  to  Adopt  ion 10 

Order  of  Adoption 12 

Petition  for  Leave  to  Adopt  a  Minor 9 

Guardianship  Forms 

Notice  to  Secretary  of  State  Commission  in  Lunacy 
of  Hearing  of  Guardian's  Petition  to  Mortgage 102 

Notice  to  Secretary  of  State  Commission  in  Lunacy 
of  Hearing  of  Guardian's  Report 101 

Order  Appointing  Guardian  .' 98 

Order  Appointing  Guardian  of  Incompetent 99 

Order  for  Notice  of  Hearing  Petition  for  Guardian- 
ship of  Incompetent  Person 99 

Order  for  Sale  of  Real  Estate  by  Guardian 100 

Order  Prescribing  Notice  of  Hearing  Petition  to  be 
Appointed  Guardian  of  Minors 98 

Petition  for  Appointment  of  Guardian  of  Incompe- 
tent or  Insane  Person 40 

Petition  for  Appointment  of  Guardian  of  Minor 41 

Petition  of  Guardian  for  Order  to  Sell  Real  Estate 42 

Probate  Forms 

Account  Current  and  Report  of  Executor  or  Ad- 
ministrator   „ 54 

Affidavit  for  Commission  to  Take  Deposition  of  Wit- 
ness to  Will 13 

Certificate  of  Proof  of  Foreign  Will,  and  Facts 
Found 53 

Certificate  of  Proof  of  Will,  and  Facts  Found  (Holo- 
graphic)      52 

Certificate  of  Proof  of  Will,  and  Facts  Found  (Two 
Witnesses)    51 

Decree  Establishing  Heirship 102 

Decree  of  Distribution    106 

Decree  of  Distribution  to  Foreign  Executor 107 

Di'.-ree  of  Due  and  Legal  Notice  to  Creditors  104 


Decree  of  Partition 105 

Decree  Settling  Account 107 

Decree  Settling  Account  and  for  Payment  of  Claims...l08 

Decree  Settling  Final  Account — Insolvent  Estate 109 

DecreeUnder  Section  1723  C.  C.  P.  Declaring  Home- 
stead Vested  in  Survivor 95 

Decree  Under   Section    1723   C.   C.   P.   Terminating 

Joint  Tenancy 97 

Decree  Under  Section  1723  C.  C.  P.  Terminating  Life 

Estate 96 

Deposition,  Affidavit  for  Commission  to  Take 13 

Entry  of  Default — On  Petition  to  Ascertain  Heir- 
ship  102 

Final  Account,  Eeport  and  Petition  for  Distribution 
of  Estate  Following  an  Account  Current 56 

Final  Account,  Report  and  Petition  for  Distribution, 
Insolvent  Estate  59 

Final  Discharge  of  Administrator  or  Executor 110 

First  and  Final  Account,  Report  and  Petition  for 
Distribution    60 

How  to  Compute  Inheritance  Tax  Under  Law  of 
1911  = 112 

Interrogatories — Subscribing  Witness  to  a  "Will 35 

Notice  of  Rejection  of  Claim 63 

Order  Accepting  Resignation  of  Testamentary  Trus- 
tee   : : 93 

Order  Admitting  Foreign  Will  to  Probate 67 

Order  Admitting  Will  to  Probate  and  for  Letters 

of  Administration  with  the  Will  Annexed 66 

Order  Admitting  Will  to  Probate  and  for  Letters 

Testamentary  65 

Order  Appointing  Administrator 64 

Order  Appointing  Administrator  (de  bonis  non) 68 

Order  Appointing  Appraisers  and  Collateral  Inherit- 
ance Appraiser 89 

Order  Appointing  Commissioners  to  Make  Partition  92 

Order  Appointing  Special  Administrator 63 

Order  Appointing  Trustee  94 

Order  Assigning  Whole  Estate  Under  Section  1469 

C.  C.  P 69 

Order  Authorizing  Lease  - 83 

Order  Authorizing  Mortgage  81 


Order  Confirming  Sale  of  Contract  to  Purchase  Land  86 

Order  Confirming  Sale  of  Perishable  Property 69 

Order  Confirming  Sale  of  Personal  Property 43 

Order  Confirming  Sale  of  Real  Estate   76 

Order  Confirming  Sale  of  Real  Estate  on  Bid  in  Open 

Court  79 

Order  Confirming  Sale  of  Real  Estate  Under  Will 78 

Order  Directing  Clerk  to  Issue  Commission 14 

Order  Establishing  Service  of  Notice — To  Determine 

Heirship 88 

Order  Fixing  Collateral  Inheritance  Tax 89 

Order  Fixing  Time  of  Hearing  and  Directing  Notice 

to  be  Given  Under  Section  1723  C.  C.  P 95 

Order  for  Conveyance  of  Land  Sold  by  Decedent 84 

Order  for  Conveyance  of  Land  Sold  by  Decedent 

(Conditional)  85 

Order  for  Family  Allowance 11 

Order  for  Notice   of  Application   for   Partition   on 

Distribution   '. 92 

Order  for  Notice   of  Hearing   of  Petition   for   Con- 
veyance    82 

Order  for  Partial  Distribution   When  the   Time  to 

File  Claims  Has  Not  Expired 86 

Order  for  Partial  Distribution  AVithout  Bond 87 

Order  for  Sale  of  Personal  Property 70 

Order  for  Sale  of  Real  Estate 75 

Order  for  Short  Notice — Private  Sale  of  Real  Estate ...  76 
Order  Setting  Apart  Homestead — No   Selection   Be- 
ing Made  by  Deceased  in  Lifetime 71 

Order  Setting  Apart  Homestead  Worth  More  Than 

$5,000  When  Selected 73 

Order  Setting  Apart  Property  Exempt 14 

Order  Setting  Apart  Recorded  Homestead — Commu- 
nity Property  71 

Order  Setting  Apart  Recorded  Homestead.  Selected 

by  Decedent — Separate  Property 72 

Order  Setting  Apart  Recorded  Homestead,  Selected 

by  Survivor  Only — Separate  Property 72 

Order  Setting  Time  for  Hearing  Report  of  Appraisers 

and  Prescribing  Notice — Value  Exceeding  $5,000 ...  7:} 
Order  Settling  Final  Account  and  for  Distribution  90 
Order  Settling  Final  Account  and  for  Distribution 

Under  Will  91 

Order  to  Sell  Perisbable  Property 70 


Order  to  Show  Cause  on  Petition  to  Mortgage 80 

Order  to  Show  Cause — Sale  of  Mines 74 

Order  to  Show  Cause — Sale  of  Real  Estate 74 

Order  to  Show  Cause,  Under  Section  1469  C.  C.  P 93 

Order  to  Show  Cause  Why  Lease  Should  Not  Be 
Made    82 

Petition  by  Corporation  for  Letters  of  Administra- 
tion   _ 23 

Petition  by  Corporation  for  Probate  of  Will 23 

Petition  for  an    Order   Directing   a    Conveyance    of 

Real  Estate  by  an  Executor  or  Administrator 39 

Petition  for  Assignment  of  Whole  Estate 33 

Petition  for  Family  Allowance 34 

Petition  for  Letters  of  Administration 19 

Petition  for  Letters  of  Administration  with  the  Will 

Annexed  Upon  Estate  When  Executor  Has  Died 26 

Petition  for  Order  Appointing  Trustee 44 

Petition  for  Order  of   Sale    of   Mining   Property   or 

Shares  of  Stock 44 

Petition  for  Order  of  Sale  of  Personal  Property 30 

Petition  for  Order  of  Sale  of  Real  Estate 27 

Petition  for  Order  Setting  Apart  Exempt  Personal 

Property  ■ : 32 

Petition  for  Order  to  Compromise  a  Debt 43 

Petition  for  Order  to  Determine  Interests  in  Estate 48 

Petition  for  Order  to  Lease  Real  Estate 38 

Petition  for  Order  to  Mortgage  Real  Estate..... 35 

Petition  for  Order  to  Sell  Perishable  Property 35 

Petition  for  Order  to  Set  Apart  Homestead ;  No  Se- 
lection Having  Been  Made  by  Decedent  in  Life- 
time     47 

Petition  for  Order  to  Set  Apart  Recorded  Homestead  46 

Petition  for  Probate  of  Foreign  Will 24 

Petition  for  Probate  of  Will 20 

Petition  for  Special  Letters  of  Administration 18 

Petition  Under  Section  1723  C.  C.  P.  to  Terminate 

Joint  Tenancy _ 50 

Petition  Under  Section  1723  C.  C.  P.  to  Terminate 
Life  Estate  _ 49 

Table  of  Rates  and  Exemptions  Under  Law  of  1911 Ill 


ADOPTION  FORMS. 
Petition  for  Leave  to  Adopt  a  Minor. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California: 

Petitioners  and 

represent  as  follows  : 


1.  That  petitioners  are  married,  and  are  husband 

and  wife ;  that  said 

is  of  the  age  of years,  and  that  said 

_ is  of  the  age  of. years;  that  peti- 
tioners are  both  residents  of  said  County  of  Los  Ange- 
les, State  of  California ; 

2.  That   said  petitioners   are   desirous    of   adopting 

one ,  a  minor,  as  their 

own   child;   that   the   age   of  said   minor   is 

years  (if  said  child  is  of  sufficient  age,  so  that  the  law 
requires  his  or  her  consent,  state  as  follows:)  that 
said  minor  consents  to  such  adoption  by  petitioners; 
that  said  consent  is  in  writing  and  is  filed  herewith ; 

(Where  there  are  parents  of  said  minor  or  other 
persons  whose  consent  is  necessary,  so  state,  and  file 
their  consent  to  the  adoption  with  the  petition;  other- 
wise state  why  such  consent  is  not  necessary.) 

3.  That  it  is  for  the  best  interests  of  said  minor 
child  that  he  (or  she)  should  be  adopted  by  petitioners: 

Wherefore,  your  petitioners  pray  that  an  order  be 

entered,  decreeing  that  said 

has  been  duly  and  legally  adopted  by  the  petitioners 
herein,  and  that  said  minor  child  and  your  petitioners 
shall  sustain  towards  each  other  all  of  the  rights,  privi- 
leges, duties  and  obligations  of  parent  and  child. 

Dated ....,  191 


Petit  ioners 


Consents 

(Title.) 

hereby  declares  he  is  the  hus- 
band of ,  and  he  now  resides  and 

for years  past  has  resided  with  said 

and  that  no  separation  has  taken  place 

between  them;  that  he  knows  the   child 

;  that  he  gives  his  full  and  free  consent  to 

the  adoption  of  said  child  by  his  wife, 

;  that  he  likewise  consents  to  the  adoption 

of  said  child  jointly  by  himself  and  his  said  wife. 

"Witness  my  signature  this day  of. 

191 


hereby  declares  she  is  the  wife 

of ,  and  she  now  resides  and  for 

years  past  has  resided  with  said 

,  and  that  no  separation  has  taken  place 

between  them;  that  she  knows  the  child 

;  that  she  gives  her  full  and  free  consent 

to  the  adoption  of  said  child  by  her  husband 

;  that  she  likewise  consents  to  the  adop- 
tion of  said  child  jointly  by  herself  and  her  said  hus- 
band. 

Witness  my  signature  this day  of 

- ,  191 


10 


Agreement  to  Adopt  a  Minor. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

Whereas,  the  undersigned  have  petitioned  the  above 

entitled  Court  for  leave  to  adopt 

,  a  minor  child  of 

and ,  and  whereas 

and  

have  filed  in  said  court  their  written  consent  to  such 
adoption  and  to  an  order  of  said  Court  permitting  such 
adoption  to  be  made  as  prayed  for  in  said  petition. 

Now  therefore,  in  consideration  of  the  filing  of  such 
consent  of  said  persons,  and  of  the  entry  of  said  order 
by  said  Court,  said  undersigned  hereby  agree  with  the 
State  of  California  and  with  said  minor,  and  with  said 
persons  whose  consent  has  been  filed  as  aforesaid,  that 

we   (or  I)   adopt  said 

and  that  said  minor  child „ 

shall  be  treated  in  all  respects  as  our  (my)  own  lawful 
child  should  be  treated,  and  have  the  rights  of  a  natural 
child,  including  the  right  of  inheritance. 

Dated ,  191 


Order  for  Family  Allowance. 

(Title.) 

It  appearing  to  the  satisfaction  of  the  Court  that  the 
property  set  apart  to  the  widow  is  insufficient  for  the 
support  of  the  widow  and  children  of  the  decedent  it 
is  ordered  by  the  Court  that  there  be  allowed  and  paid 
to  the  said  widow,  for  the  maintenance  of  the  family 

of  said  deceased  the  sum  of  $ per  month, 

beginning  on  the  1st  day  of ,  191 ,  and 

continuing  until  the  further  order  of  the  Court. 

Dated ,  191 


11 


Order  of  Adoption. 

(Title.) 

This  matter  coming  on  regularly  for  hearing,  and  it 
appearing  that  said  minor  is  now  present,  and  that  the 

written  consent  of and 

that  the  petitioners 

adopt  said  minor  child  is  filed  herein ;  that  said 

is  the  father  of  said  minor  child  and  that  said 

is  the  mother  of  said  minor 

child ;  that  said  minor  child  is  of  the  age  of _ 

years  (and  that  his  written  consent  to  his  adoption  by 
said  petitioners  is  filed  herein)  ;  that  said  petitioners 
have  filed  herein  an  agreement,  signed  before  me,  with 
said  minor  child  and  with  each  person  whose  consent 
has  been  filed  herein,  that  said  child  shall  be  adopted 
by  said  petitioners,  and  treated  in  all  respects  as  their 
own  lawful  child  should  be  treated,  including  the  right 
of  inheritance ;  and  it  appearing  that  such  adoption  will 
be  for  the  best  interests  of  said  minor  child;  that  said 
petitioners,  and  said  minor  child,  and  all  persons  whose 
consent  is  necessary,  have  appeared  herein,  and  each 
has  been  examined  as  provided  by  law;  that  said  pe- 
titioners each  reside  in  this  county : 

It  is  therefore  ordered  that  the  petitioners 

and  

adopt  said  minor  child,  and  that  from  this  time  forward 
said  minor  child  shall  be  treated  by  them  in  all  re- 
spects as  their  own  lawful  child  should  be  treated,  in- 
cluding the  right  of  inheritance,  and  said  petitioners 
and  said  minor  child  shall  bear  towards  each  other  the 
relation  of  parent  and  child. 

Dated ,  191 

Judge  of  the  Superior  Court. 


12 


DEPOSITION 

Affidavit  for  Commission  to  Take  Deposition  of  Witness 

to  Will. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

State  of  California,  County  of  Los  Angeles,  ss. 

being  first  duly  sworn,  says  that 

he  is  the  petitioner  in  the  above  entitled  matter.    That 

of  the  City  of , 

County  of ,  State  of - , 

one  of  the  subscribing  witnesses  to  the  document  herein 
filed  as,  and  alleged  by  petitioner  to  be  the  last  will  and 

testament  of  the  said ,  deceased,  is 

a  necessary  and  material  witness,  and  that  without  the 
testimony  of  said  witness  he  cannot  proceed  with  the 

hearing  of  said  matter;  that  the  said 

does  not  reside  in  this  county,  nor  in  the  State  of  Cali- 
fornia, but  resides  in  the  City  of _., 

County  of ,  State  of - , 

and  is  out  of  the  State  of  California,  and  will  continue 
absent  therefrom  when  his  testimony  is  required : 

Wherefore,  affiant  prays  that  a  commission  be  issued 

to as  Commissioner, 

or  to  such  other  person  as  the  court  may  direct,  to  ex- 
amine the  said - as  a  witness,  on 

interrogatories  to  be  annexed  to  the  aforesaid  commis- 
sion. 


Subscribed  and  sworn  to  before  me,  this, 
day  of ,  191 


Notary  Public  in  and  for  the  County 
of  Los  Angeles,  State  of  California. 


(SEAL) 


13 


Order  Directing  Clerk  to  Issue  Commission. 

(Title.) 

It  appearing  from  the  affidavit  of •-, 

the  petitioner  in  the  above  entitled  matter,  filed  herein 

on  this day  of ,   191 ,  that 

of  the  City  of , 

County  of ,  State  of , 

is  a  necessary  and  material  witness  in  said  matter  now- 
pending  in  this  Court,  and  is  out  of  the  State  of  Cali- 
fornia, and  will  continue  absent  therefrom  when  his 
testimony  is  required; 

Now,  therefore,  in  pursuance  of  the  law  in  such  case 
made  and  provided,  the  clerk  is  hereby  ordered  and 

directed  to  issue  a  commission  to , 

who  is  hereby  appointed  Commissioner,  to  examine  the 

said ,  as  a  witness,  on  oath  to  be 

taken  before  him  as  said  commissioner,  on  the  interrog- 
atories to  be  annexed  to  the  said  commission,  and  also 
a  photographic  copy  of  the  alleged  last  will  and  testa- 
ment of  the  said ,  deceased,  to  be 

marked  "Exhibit  A,"  and  to  cause  such  examination  to 
be  reduced  to  writing  and  to  be  signed  by  said  witness, 
and  returned  together  with  the  certificate  to  be  made 
by  said  commissioner,  annexed  to  said  commission,  to 
said  clerk. 

Dated,  Los  Angeles,  California,  , ......  191 


Judge  of  the  Superior  Court  of  the 

County  of  Los  Angeles,  State 

of  California. 


Order  Setting  Apart  Property  Exempt. 

(Title.) 

It  appearing  to  the  Court  that  said  deceased  left  sur- 
viving his  widow, ,.' 

Now,  on  motion  of  said  widow  it  is  ordered  that 
there  be  set  apart  for  the  use  of  said  widow  (insert 
description  of  all  exempt  property). 

Dated ,  191 

14 


Interrogatories 

Interrogatories  to  be  administered  to 

,  of  the  City  of , 

County  of ,  State  of. — - , 

a  witness  produced  by  the  petitioner  in  the  matter 
mentioned  in  the  annexed  commission : 

First  Interrogatory:  What  is  your  name,  age,  and 
residence? 

Answer: 

Second  Interrogatory:     Where  did  you  reside  on  the 

day  of ,  191 ? 

Answer:     

Third    Interrogatory:     Were    you    acquainted    with 

_ on  the day  of „ ,  19 — , 

the  date  of  the  instrument  filed  in  the  Court  in  the 
matter  mentioned  in  the  annexed  commission  on  the 

day  of ,  19 ,  purporting  to 

be  the  last  will  and  testament  of  the  said , 

deceased,  of  which  a  photographic  copy  is  hereunto 
annexed  marked  "Exhibit  A"? 

Answer:      „ - 

Fourth  Interrogatory:  After  examining  "Exhibit 
A"  and  the  signatures  thereto,  do  you  recognize  the  sig- 
nature purporting  to  have  been  signed  by  you  as  your 
signature? 

Answer: 

Fifth  Interrogatory:     Is  that  your  signature? 
Answer: - 

Sixth  Interrogatory :     Did  you  know  also,   at  said 

place,  on  said day  of ,  19 , 

the  date  of  said  instrument, , 

the  other  of  said  subscribing  witnesses  to  said  instru- 
ment ? 

Answer:      _ 

Seventh  Interrogatory :  Do  you  recognize  the  sig- 
nature purporting  to  have  been  signed  by 

(the  other  subscribing  witness)  ? 

Answer:      _ 

Eighth  Interrogatory :  And  is  that  his  signature  at- 
tached to  said  instrument? 

Answer:      „ 

15 


Ninth  Interrogatory:  Do  you  recognize  the  signa- 
ture purporting  to  have  been  signed  by 

(the  decedent)  ? 

Answer:    _ — 

Tenth  Interrogatory:  And  is  that  his  signature  at- 
tached to  said  instrument? 

Answer:    

Eleventh  Interrogatory:     Was  the  said  instrument 

signed  by  the  said at 

the  said  City  of ,  County  of , 

State  of ,  on  the  said _ day  of 

,  19 ,  the  day  it  bears  date,  in 

the  presence  of  yourself  and  of  said ? 


Answer : 


Twelfth  Interrogatory:     For  what  purpose  did  you 
sign  your  name  to  said  instrument1? 

Answer:      

Thirteenth  Interrogatory :    Did  the  said _ 

thereupon  declare  the  said  instrument  to 

you,   and  said ,  the  other  sub- 
scribing witness,  to  be  his  last  will  and  testament? 

Answer:      

Fourteenth  Interrogatory :    Did  you  and  said 

then  and  there  in  the  presence  of  the  said 

,  and  in  the  presence  of  each 

other,  and  at  the  request  of  the  said „ , 

subscribe  your  names  as  witnesses  to  the  said  instru- 
ment? 

Answer:      

Fifteenth  Interrogatory:    About  how  old  was 

at  the  time  he  signed  his  name  to  the 

said  instrument? 

Answer: 

Sixteenth  Interrogatory:     What  was  the  condition, 

if  you  know,  of  the  mind  and  memory  of 

at  the  time  he  signed  his  name  to  said 

instrument? 

Answer:      

16 


Seventeenth  Interrogatory :  Was  the  said 

at  the  time  he  signed  said  instrument 

acting  under  duress,   menace,  fraud,  undue  influence 
or  misrepresentation? 

Answer:      - 

Eighteenth  Interrogatory:  After  examining  "Exhibit 
A"  and  refreshing  your  memory,  please  state  what  oc- 
curred at  the  time  of  signing  and  witnessing  the  said 
document  alleged  to  be  the  last  will  and  testament  of 
the  said ? 

Answer:      


Subscribed  and  sworn  to  before  me,  this 

day  of ,  191 

Commissioner  appointed  by  the  Su- 
perior Court  of  the  County  of  Los 
Angeles,  State  of  California. 

State  of ,  County  of ,  ss. 

I,  ,  under  and  by  virtue  of  the 

commission  hereunto  attached,  do  hereby  certify  that 
named  in  the  foregoing  commis- 
sion as  a  witness,  and  whose  signature  is  attached  to 
the  foregoing  interrogatories,  and  answers  thereto,  ap- 
peared before  me  at  my  office  in  the  City  of ~, 

County  of _ ,  State  of „ _ , 

on   the _ _ day   of. , 

19 ,  and  after  first  being  duly  sworn  by  me,  accord- 
ing to  law,  made  ansAver  to  each  and  every  and  all  of 
the  foregoing  interrogatories  as  hereinbefore  set  forth, 
and  that  said  answers  hereinbefore  set  out  are  the  an- 
swers of  said  witness  to  said  interrogatories,  reduced  to 
writing  by  me,  and  carefully  read  over  by  me  to  said 
witness,  who  corrected  the  same,  and  thereupon  affixed 
his  signature  thereto. 

In  witness  whereof,   I   have  hereunto   set    my   hand 
this day  of ,  191 


Commissioner  appointed  by  the  Su- 
perior Court  of  the  County  of  Los 
Angeles,  State  of  California. 

17 


Petition  for  Special  Letters  of  Administration. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California: 

Petitioner represents  as  follows  : 

1.     That  the  petitioner  is  a  resident  of  the  County  of 
,  State  of  California. 


2.  That  he  is  the  public  administrator  of  the  County 
of  (or  the  executor  named  in  the  last  will  and  testa- 
ment of  said  decedent,  or  a  relative  entitled  under  the 
provisions  of  Sec.  1365,  C.  C.  P..  to  letters  of  admin- 
istration) Los  Angeles,  State  of  California. 

3.  That  said at  the  time  of 

his  death  was  a  resident  of  the  County  of , 

State  of  California,  and  left  estate  in  the  County  of 
Los  Angeles;  consisting  of  real  and  personal  property 
of  the  value  of  $ :  said  real  es- 
tate being  of  the  value  of  $ and 

said  personal  property  being  of  the  value  of  $. : 

4.  That  there  is  no  person  authorized  to  care  for  the 
said  property;  and  that  there  is  unusual  delay  in  grant- 
ing letters  (or  letters  testamentary  of  the  last  will  and 
testament  of  said  decedent)  of  administration  thereof, 
and  that  there  is  danger  of  its  being  neglected,  and 
greatly  damaged  thereby; 

5.  That  it  is  necessary  that  some  person  should  be 
authorized  to  take  charge  of  and  care  for  the  property 
of  said  estate; 

Wherefore,  your  petitioner  prays  that  he  be  appoint- 
ed special  administrator  of  said  estate  to  collect  and 
take  charge  of  the  estate  of  said  decedent. 

Dated ,  191 


Petitioner. 


Attorney  for  Petitioner. 

18 


Note.  In  case  the  person  entitled  to  letters  of  ad- 
ministration or  letters  testamentary  of  the  last  will 
and  testament  of  a  decedent  does  not  wish  to  serve, 
and  the  applicant  is  the  appointee  of  such  person, 
allege  as  follows: 

That is of  said 

decedent,  and  is  entitled  to  letters  of  administration 
of  said  estate  (or  is  the  executor  named  in  the  last  will 
and  testament  of  said  decedent),  but  does  not  wish  to 
act  as  such  administrator  (or  executor)  and  has  re- 
quested, in  writing,  that  petitioner  be  appointed  in  his 
stead  as  such  administrator  (or  executor),  which  said 
request  is  filed  herewith,  referred  to  and  made  a  part 
hereof. 

Petition  for  Letters  of  Administration. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

The  Petition  of of  the  County  of 

,  State  of  California,  respect- 
fully shews : 

That died  on  or  about  the 

day  of ,  191 ,  in  the  County  of 

,  State  of 

That  said  decedent  at  the  time  of death  was  a 

resident  of  the  County  of ,  State  of 


That  said  decedent  left  estate  in  the  County  of 

,  State  of consisting  of 

property. 

That  the  value  and  character  of  said  property  and 
the  probable  revenue  therefrom  are  as  follows,  to-wit : 


That  the  estate  and  effects  for  or  in  respect  of  which 
letters  of  administration  are  hereby  applied  for  do  not 
exceed  the  value  of  $ 

That  the  next  of  kin  of  said  decedent  and  whom  your 
petitioner advised   and   believe and  therefore 

19 


allege to  be  the  heirs  at  law  of  said  decedent,  and 

the  names,  ages  and  residences  of  said  heirs  are  as 
follows : 

That  due  search  and  inquiry  have  been  made  to  as- 
certain if  said  decedent  left  any  will  and  testament, 
but  none  has  been  found,  and  according  to  the  best 
knowledge,  information  and  belief  of  your  petitioner 
said  decedent  died  intestate. 

That  your  petitioner  is  the of  said  de- 
ceased, and  therefore,  as  your  petitioner advised 

and  believe entitled  to  Letters  of  Administration 

of  said  estate. 

Wherefore,  your  petitioner pray that  a  day  of 

Court  may  be  appointed  for  hearing  this  application, 
that  due  notice  thereof  be  given  by  the  Clerk  by  post- 
ing notices  according  to  law,  and  that  upon  said  hear- 
ing and  the  proofs  to  be  adduced,  Letters  of  Adminis- 
tration of  said  estate  may  be  issued  to  your  petitioner. 

And  your  petitioner  will  ever  pray,  etc. 
Dated ,  191 


Petitioner. 
Attorney  for  Petitioner 

Petition  for  Probate  of  Will. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

The  petition  of of  the  County 

of ,   State   of  California,   respectfully 

shows : 

That died  on  or  about  the 

day  of ,  191 , 

in  the  County  of ,  State  of _ 

That  said  decedent  at  the  time  of  his  death  was  a 

resident   of  the County  of...... 

State  of ,  and  left  property  in  the  County 

of ,   State  of „ 


20 


That  the  value  and  character  of  the  said  property  and 
the  probable  revenue  therefrom  are  as  follows,  to-wit: 


That  the  estate  and  effects  in  respect  of  which  the 
probate  of  the  will  is  herein  applied  for  does  not  exceed 
in  value  the  sum  of dollars. 

That  said  decedent  left  a  will  bearing  date  the 

day  of ,  191 ,  in  the  possession  of 

,  which  your  petitioner allege to  be 

the  last  will  and  testament  of  said  decedent,  and  which 
is  herewith  presented  to  said  Superior  Court; 

That... - named  in  said  will  as 

executor thereof;  and  the  said  person so  named 

to  act  as  such  execut ;  that 

aged  about years,  residin  g  at 

named  therein  as 


That  the  subscribing  witnesses  to  the  said  will  are 

„ residing  in  the 

County  of ,  State  of , 

and _ _ residing  in  the 

County  of ,  State  of 


That  the  next  of  kin  of  said  decedent  whom  your 
petitioner advised  and  believe and  therefore  al- 
lege  to  be  the  heir at  law  of  said  testa , 

and  the  name ,  age ,  and  residence of  said  heirs 

are  as  follows : 

aged  about years,  residing  at 

aged  about years,  residing  at 

aged  about years,  residing  at 

_ aged  about years,  residing  at 

21 


That  at  the  time  said  will  was  executed,  to-wit :  on 

the  said day  of ,  191 ,  the 

said  testat was  over  the  age  of  eighteen  years, 

to-wit:  of  the  age  of years  or  thereabouts, 

and  was  of  sound  and  disposing  mind,  and  not  acting 
under  duress,  menace,  fraud  or  undue  influence,  and 
was  in  every  respect  competent,  by  last  will,  to  dispose 
of  all  his  estate. 

That  said  will  is  in  writing  signed  by  the  said  de- 
cedent and  attested  by  said  subscribing  witnesses,  at 

the  request  of  said  testat subscribing  their  names 

to  the  said  will  in  the  presence  of  said  decedent  and  in 
the  presence  of  each  other,  and  your  petitioner al- 
lege   that  said  witnesses,  at  the  time  of  attesting  the 

execution  of  said  will,  were  competent: 


Wherefore,  your  petitioner pray that  the  said 

will  may  be  admitted  to  Probate,  and  that  Letters 

be  issued  to  your  petitioner and  that  for  that  purpose 

a  time  be  appointed  for  proving  said  will,  and  that  all 
persons  interested  be  duly  notified  to  appear  at  the 
time  appointed  for  proving  the  same ;  and  that  all  the 
necessary  and  proper  orders  may  be  made  in  the 
premises. 

Dated ,  191 

Petitioner 


Attorney  for  Petitioner. 


22 


Petition  by  Corporation  for  Probate  of  Will  or  for 
Letters  of  Administration. 

(Title.) 

The  petition  of  the Company 

respectfully  shows: 

That  petitioner  is  a  corporation  organized  and  exist- 
ing under  the  laws  of  the  State  of  California,  and  hav- 
ing its  principal  place  of  business  in  the  City  of 

,  County  of ,  State  of  California, 

and  is  authorized  by  its  articles  of  incorporation  to  act 
as  executor,  administrator,  guardian,  assignee,  receiver, 
depositary  and  trustee,  and  has  a  paid  up  capital  of  not 
less  than  $250,000,  of  which  $100,000  has  been  actually 
paid  in  in  cash  and  it  has  deposited  with  the  Treasurer 
of  said  State  for  the  benefit  of  its  creditors  the  further 
sum  of  $100,000  in  bonds  and  securities  in  compliance 
with  the  provisions  of  Section  7  of  an  act  of  the  Legis- 
lature of  the  State  of  California  entitled  "Act  author- 
izing certain  corporations  to  act  as  executor  and  in 
other  capacities  and  to  provide  for  and  regulate  the 
administration  of  trusts  by  such  corporations,"  ap- 
proved April  6,  1891,  and  amended  April  1,  1897,  which 
said  bonds  and  securities  are  now  held  by  said  Treas- 
urer in  his  official  capacity  for  the  uses  and  purposes 
aforesaid,  and  that  petitioner  has  complied  with  all  the 
requirements  of  said  act  and  has  procured  from  the 
Board  of  Bank  Commissioners  of  the  State  of  Cali- 
fornia a  certificate  of  authority  stating  that  it  has  com- 
plied with  the  requirements  of  said  act  and  is  author- 
ized to  act  as  executor,  administrator,  guardian,  assig- 
nee, receiver,  depositary  and  trustee. 

(Proceed  as  in  petition  for  probate  of  will  or  for  let- 
ters of  administration  by  an  individual.) 


23 


Petition  for  Probate  of  Foreign  Will. 

(Title.; 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

The  petition   of of 

the  County  of ,  State  of  Califor- 
nia, respectfully  shows: 

That died  on  or  about 

,  191 ,  in  the  City  of , 

County  of ,  State  of _ 


That  said  decedent  at  the  time  of  his  death  was  a 

resident  of  the  County  of - , 

State  of ,  and  left  property  in 

the  County  of ,  State  of 

That  the  character  and  value  of  the  said  property  and 
the  probable  revenue  therefrom  are  as  follows,  to-wit : 


That  the  estate  and  effects  in  respect  of  which  the 
probate  of  the  will  is  herein  applied  for  does  not  ex- 
ceed in  value  the  sum  of dollars. 

That  said  decedent  left  a  will  bearing  date  of  the 

day  of ,  191 ,  which  has  been 

duly  proved,  allowed  and  admitted  to  probate  in  the 

Court  of  the  County  of , 

State  of ,  and  a  duly  authenticated  copy  of 

said  will  and  the  probate  thereof  in  said  Court  is  pre- 
sented and  filed  herewith  and  made  a  part  hereof;  that 
said  Court  at  the  time  of  admitting  said  will  to  pro- 
bate was  a  court  of  competent  jurisdiction  and  had 
jurisdiction  of  said  matters  and  of  all  parties  interested 
in  said  estate ; 

That  your  petitioner _ 

named  in  said  will  as  executor thereof  and  consents 

to  act  as  such  execut (or  that is  named 

in  said  will  as  execut thereof  and  refuses  to  act 

as  such  and  that  your  petitioner  is  a  person  interested 
in  the  will  of  said  decedent). 

24 


That ,  aged  about 

years,  residing  at ,  and 

_ _ _ ,  aged  about years, 

residing  at 

( are )  n amed  therein  as 

That  the  next  of  kin  of  said  decedent  whom  your 
petitioner advised  and  believe and  therefore  al- 
lege  to  be  the  heir at  law  of  said  testa ,  and 

the  name ,  age ,  and  residence of  said  heirs  are 

as  follows : 

,  aged  about years, 

residing  at  

,  aged  about years, 

residing  at  

_ ,  aged  about years, 

residing  at  ~ - 

Wherefore  your  petitioner pray that  the  said  will 

may  be  admitted  to  Probate,  and  that  Letters 

be  issued  to  your  petitioner and  that  for  that  purpose 

a  time  be  appointed  by  this  Court  for  proving  said  will, 
and  thai  all  persons  interested  be  duly  notified  to  ap- 
pear at  the  time  appointed  for  proving  the  same;  and 
that  all  other  necessary  and  proper  orders  may  be 
made  in  the  premises. 

Dated ,  191 


Petitioner. 
Attornev  for  Petitioner. 


25 


Petition  for  Letters  of  Administration  With  the  Will 
Annexed  Upon  Estate  When  Executor  Has  Died. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

Petitioner a  resident  of  the 

County  of State  of  California, 

represents  as  follows : 

1.  That died  on  the 

day  of. ,  191 ,  leaving  a  last  will  and 

testament ;.  that  said  will  and  testament  has  heretofore 
been  admitted  to  probate  in  this  court ; 

2.  That  by  the  terms  of  said  will  and  testament, 

was  appointed  executor  thereof; 

that  in  pursuance  thereof,  letters  testamentary  were  is- 
sued to  said ,  by  the  order  of  this 

Court,  and  he  duly  qualified  as  such  executor ; 

3.  That  said died  on , 

191 ,  leaving  said  estate  unadministered  upon,  and  it 

is  necessary  that  an  administrator  of  said  estate  should 
be  appointed,  and  that  letters  of  administration,  with 
the  said  will  annexed  thereto,  be  issued  to  him; 

4.  That  the  property  of  said  estate  left  unadminis- 
tered is  as  follows,  to-wit:    Personal  property  of  the 

value  of  $ ,  and  real  estate  of  the  value  of 

$ 

"Wherefore,  petitioner  prays  that  letters  of  adminis- 
tration with  the  will  annexed  be  issued  to  him. 

Dated ,  191 

Petitioner. 
Attorney  for  Petitioner. 


26 


Petition  for  Order  of  Sale  of  Real  Estate. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

Petitioner represents  as 

follows : 

1.  That died  on  the 

day  of ,  191 ,  in  the 

County  of ,  State  of , 

being  at  the  time  a  resident  of  the  aforesaid  county  and 
state ; 

2.  That  petitioner  is  the  duly  appointed,  qualified 
and  acting  executor  of  the  last  will  and  testament  (or 
administrator  of  the  estate)  of  said  decedent; 

3.  That  petitioner  has  duly  made  and  returned  a  true 
inventory  and  appraisement  of  all  of  the  estate  of  said 
decedent  which  has  come  to  his  possession  or  knowl- 
edge; 

4.  That  due  notice  to  creditors  has  been  published 
according  to  law,  and  the  order  of  the  court; 

5.  That  the  personal  property  belonging  to  the  estate 
of  said  decedent  and  the  appraised  value  thereof,  and 
the  portion  thereof  that  remains  undisposed  of,  is  shown 
and  described  in  Schedule  A,  annexed  hereto,  and  made 
a  part  hereof;  (or  if  description  is  short  insert  here  in- 
stead of  exhibit) 

6.  That  the  real  estate  belonging  to  the  estate  .of 
said  decedent  and  the  condition  and  value  thereof,  is 
shown  and  described  in  Schedule  B,  annexed  hereto, 
and  made  a  part  hereof;  (if  short  insert  here) 

7.  That  the  debts  outstanding  against  the  said  de- 
cedent as  far  as  can  be  ascertained  or  estimated  amount 

to  the  sum  of  $ ,  as  is  fully  set  forth  in 

Schedule  C,  annexed  hereto  and  made  a  part  hereof; 
(or  insert  here) 

8.  That  the  commissions  of  the  executor  (or  ad- 
ministrator), fees  of  counsel  and  costs  of  administra- 
tion  already  accrued  and  to  accrue  are  estimated  to 

27 


amount  to  about  the  sura  of  $ ,  and  are 

fully  set  forth  in  Schedule  D,  annexed  hereto  and  made 
a  part  hereof;  (or  insert  here) 

9.  That  the  amount  due  on  the  family  allowance 
heretofore  ordered  (or  that  will  be  due  after  the  same 

has  been  in  force  for  one  year)  is  the  sum  of  $ 

(or  that  no  family  allowance  has  been  or  will  be  asked 
for); 

10.  That  the  personal  property  is  insufficient  to  pay 
the  debts  outstanding  against  said  decedent,  the  family 
allowance,  and  the  commissions  of  the  executor  (or 
administrator),  fees  of  counsel  and  costs  of  administra- 
tion of  said  estate ; 

11.  (If  sale  is  prayed  for  on  the  grounds  that  it  is 
for  the  best  interests  of  said  estate  and  those  interested 
therein,  state  fully  the  reasons  why  it  is  for  the  best 
interests  of  said  estate.) 

12.  That  it  is  necessary  that  the  real  estate  de- 
scribed in  Schedule  B  heretofore  referred  to  and  made 
a  part  hereof,  be  sold,  in  order  that  the  proceeds  thereof 
may  be  applied  to  the  payment  of  the  outstanding  debts 
against  the  said  decedent,  the  family  allowance,  and 
the  charges  and  expenses  of  administration  of  said 
estate  (or  that  it  is  for  the  best  interests  of  said  estate 
and  those  interested  therein  that  said  real  estate  be 
sold)  ; 

13.  (If  private  sale  is  asked  for,  state :  That  said 
property  can  be  sold  to  better  advantage  at  private  sale 
than  at  public  auction.) 

14.  That  the  following  are  the  names  and  residences 
of  the  heirs  of  said  decedent,  to-wit : 


15.     That  the  following  are  the  names  and  residences 
of  the  legatees  and  devisees,  to-wit: 


28 


Wherefore  petitioner  prays  that  an  order  be  made 
directing  all  persons  interested  in  said  estate  to  appear 
before  the  court  at  a  time  and  place  specified,  to 
show  cause  why  an  order  should  not  be  made  di- 
recting and  authorizing  petitioner  to  sell  the  said  real 
estate  or  so  much  thereof  as  the  court  shall  find  neces- 
sary for  the  purposes  aforesaid,  and  that  after  a  hear- 
ing of  this  petition,  an  order  of  sale  be  made  directing 
and  authorizing  petitioner  to  sell  at  private  sale  (or 
public  auction)  the  whole  of  said  real  estate,  or  so  much 
thereof  as  the  court  shall  deem  necessary  or  beneficial, 
or  that  such  other  or  further  order  be  made  as  the 
court  may  deem  proper  in  the  premises. 

Dated ,  191 

Petitioner. 


Attorney  for  Petitioner. 

State  of  California,  County  of  Los  Angeles,  ss. 

,  the  petitioner 

above  named,  being  first  duly  sworn,  says:  That  he 
has  read  the  foregoing  petition  and  knows  the 
contents  thereof;  that  the  same  is  true  of  his  own 
knowledge,  except  as  to  the  matters  therein  stated  on 
his  information  and  belief,  and  as  to  those  matters  he 
believes  it  to  be  true. 


Subscribed  and  sworn  to  before  me  this, 
day  of _ ,  191 


Notary  Public  in  and  for  the  County  of  Los  Angeles, 
State  of  California. 


29 


Petition  for  Order  of  Sale  of  Personal  Property. 

(Title) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

Petitioner ,  the  duly 

appointed,  qualified  and  acting  administrator  (or  exec- 
utor of  the  last  will  and  testament  of  said  deceased)  of 

the  estate  of , 

deceased,  represents  as  follows: 

1.  That  the  following  claims  against  said  estate  have 
been  duly  allowed,  and  approved  according  to  law,  and 
are  filed  herein,  to-wit : 


2.  That  the  estimated  indebtedness  of  said  estate, 
including  amount  of  claims  not  yet  presented,  amounts 
to  $ ; 

3.  That  the  expenses  of  the  administration  which 
have  been  incurred  are  as  follows,  to-wit: 


4.  That  the  amount  of  family  allowance  now  due 
under  the  order  of  court  heretofore  made,  is  the  sum 

of  $ _ ,  and  the  amount  which  will  become 

due  under  said  order  up  to  the  time  of  the  final  dis- 
tribution of  said  estate  will  be  about  $ ; 

5.  That  the  sum  of  $ is  due  to  persons 

named  in  the  will  of  decedent,  for  legacies  bequeathed 
to  them  by  the  terms  of  said  will; 

6.  That  the  commissions  of  the  administrator  (or 
executor),  fees  of  counsel,  and  other  expenses  of  ad- 
ministration upon  said  estate  to  accrue  will  amount  to 
the  sum  of  $ ; 

7.  That  the  total  amount  of  claims  due  from  said 
estate,  costs  and  expenses  of  administration  and  family 
allowance  amount  to  the  sum  of  $ ; 

8.  That  the  inventory  and  appraisement  of  said  es- 
tate has  been  duly  made  and  filed  herein,  and  is  hereby 
referred  to  and  made  a  part  hereof; 

30 


9.  That  of  the  personal  property  of  said  estate  there 
has  been  by  order  of  the  court,  set  apart  for  the  use 
and  benefit  of  the  family  of  decedent,  the  following, 
to-wit : 


10.     That  of  said  personal  property  the  following  has 
been  specifically  bequeathed  as  follows,  to-wit : 


11.  That  the  remainder  of  the  said  personal  prop- 
erty and  the  condition  thereof  is  particularly  described 
in  Schedule  "A,"  hereto  annexed,  hereby  referred  to 
and  made  a  part  hereof  (or  if  short  insert  here)  ; 

12.  That  a  sale  of  the  whole  of  the  remaining  per- 
sonal property  of  said  estate  is  necessary  to  pay  said 
claims,  commissions,  costs  and  expenses  of  administra- 
tion, and  family  allowance. 

13.  (If  private  sale  is  asked  for,  state :  That  said 
property  can  be  sold  to  better  advantage  at  private  sale 
than  at  public  auction.) 

Wherefore  petitioner  prays  that  an  order  be  made 
directing  that  the  whole  or  so  much  of  said  remaining 
personal  property  be  sold  at  public  auction  (or  private 
sale)  as  shall  be  necessary  for  the  payment  of  said 
claims,  costs  and  expenses  of  administration  and  family 
allowance,  and  for  such  other  or  further  order  as  to 
the  court  shall  seem  proper  in  the  premises. 

Dated ,191 

Petitioner. 
Attorney  for  Petitioner. 


31 


Petition  for  Order  Setting  Apart  Exempt  Personal 

Property. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

Petitioner represents 

as  follows : 

1.  That  on  the day  of ,  191 , 

the  inventory  and  appraisement  of  the  property  of  the 

estate  of , 

deceased,  was  returned  to  this  court,  in  which  the  ad- 
ministration of  said  estate  is  now  pending; 

2.  That  the  following  described  personal  property 
is  returned  in  said  inventory  as  the  property  of  said 
estate,  to-wit: 


3.  That  said  property  is  exempt  by  law  from  execu- 
tion. 

4.  That   the   family    of   said    deceased    consists   of 

,  the  surviving 

widow  (or  husband)  of  decedent,  and 

minor  children  of  decedent ; 

Wherefore,  petitioner  prays  that  all  of  said  personal 
property  be  set  apart  for  the  exclusive  use  and  benefit 
of  the  family  of  said  decedent. 

Dated ,  191 


Petitioner. 


Attorney  for  Petitioner. 


32 


Petition  for  Assignment  of  Whole  Estate. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

Petitioner ,  the  duly 

appointed,  qualified  and  acting  administrator  of  the 
estate>  (or  executor  of  the  will  or  surviving  widow)  of 
_ „ ,  deceased,  rep- 
resents as  follows : 

1.  That  on  the day  of ,  191 , 

the  inventory  and  appraisement  of  the  property  belong- 
ing to  the  estate  of  said , 

deceased,  was  returned  to  this  court; 

2.  That  the  following  described  property  is  returned 
in  said  inventory  as  the  property  of  said  estate,  to-wit : 


3.  That  the  said  decedent  left  surviving  him 

_ ,  his  widow,   (or 

_ _ his  minor 

child  (or  children),  aged years)  ; 

4.  That  all  of  said  property  is  appraised  at  not  more 

than  $1500;  to-wit.  of  the  value  of  $ ; 

and  that  the  said  decedent  left  no  other  property. 

5.  That  all  expenses  of  the  last  sickness  of  said 
deceased,  funeral  expenses  and  expenses  of  administra- 
tion have  been  paid. 

Wherefore,  petitioner  prays  that  an  order  be  made 
and  entered  herein,  assigning  the  whole  of  said  estate 

to  the  said , 

widow,    (or   to , 

minor  child,  or  children,  of  said  decedent)  for  her  (or 
their)  exclusive  use  and  benefit. 

Dated ,  191 

Petitioner. 


Attorney  for  Petitioner. 

Verification. 


33 


Petition  for  Family  Allowance. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

Petitioner  repre- 
sents as  follows : 

That _„  died  on 

the day  of ,  191 ,  and  that 

the  matter  of  his  estate  is  now  pending  in  this  court ; 

That  said  decedent  at  the  time  of  his  death  left  him 
surviving  as  the  members  of  his  family  your  petitioner, 
his  widow,  and  (give  names  of  minor  children  and 
ages)  ;  that  your  petitioner,  his  widow,  is  without  es- 
tate of  her  own,  and  is  entitled  to  an  allowance  out  of 
the  property  of  said  estate,  of  a  reasonable  amount,  for 
the  maintenance  of  herself  and  the  minor  children  of 
decedent,  according  to  their  circumstances  and  manner 
of  living;  that  the  property  of  said  estate,  exempt  by 
law  from  execution,  is  not  sufficient  for  the  support  and 
maintenance  of  your  petitioner  and  said  minor,  child  (or 

children)  ;  that  $ per  month  is  a  reasonable 

amount  to  be  paid  by  the  estate  of  decedent  for  that 
purpose. 

"Wherefore,  your  petitioner  prays  that  an  order 
may  be  made  authorizing  and  directing  the  adminis- 
trator (or  executor)  of  said  estate  to  pay  to  your  peti- 
tioner for  the  support  and  maintenance  of  herself  and 

her  said  minor  child  (or  children)  the  sum  of  $ 

per  month,  the  same  to  date  from  the  date  of  the  death 
of  said  decedent  and  to  continue  until  the  further  order 
of  the  Court. 

Dated ,  191 

Petitioner. 
Attorney  for  Petitioner. 


34 


Petition  for  Order  to  Sell  Perishable  Property. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

Petitioner ,  the  duly 

appointed,   qualified  and  acting  administrator  of  the 
estate  (or  executor  of  the  last  will  and  testament)  of 

deceased,  represents  as  follows : 

That  the  following  described  property  belonging  to 
said  estate  is  of  a  perishable  nature,  to-wit : 

(Description  of  property.)     (Reason  why  perishable.) 

AVherefore.  petitioner  prays  that  an  order  be  made 
authorizing  him  to  sell  said  perishable  property  with- 
out notice,  and  that  such  other  or  further  order  may  be 
made  as  is  meet  in  the  premises. 


Petitioner 
Attorney  for  Petitioner. 


Petition  for  Order  to  Mortgage  Real  Estate. 
(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

Petitioner  repre- 
sents as  follows : 

1.  That  he  is  the  executor  of  the  last  will  and  testa- 
ment (or  administrator  of  the  estate)  of 

,  deceased. 

2.  That  the  names  of  the  legatees  and  devisees  of 
said  decedent  are  as  follows,  to-wit: 


and  that  the  names  of  the  heirs  of  said  decedent,  so  far 
as  known  to  petitioner,  are  as  follows,  to-wit : 


35 


3.     That  said  estate  is  possessed  of  that  certain  real 

estate  situate  in  the  County  of _ , 

State  of  California,  described  as  follows,  to-wit: 


4.  That  the  value  of  said  real  estate  is  about  the 

sum  of  $ ,  and  the  annual  rents  thereof 

amount  to  about  the  sum  of  $ 

5.  That  the  following  claims  have  been  duly  pre- 
sented and  allowed  against  said  estate,  and  are  on  file 
herein,  to-wit : 


6.     That  the  following  legacies  are  due  from  said 
estate,  to-wit: 


7.  That  the  expenses  of  administration  already  ac- 
crued and  to  accrue  are  estimated  to  amount  to 
$ 

8.  That  there  is  now  upon  said  real  estate  a  mort- 
gage made  by  said  decedent  in  his  lifetime  to 

_ ~ ,  to 

secure  the  payment  of  a  certain  promissory  note  de- 
scribed in  said  mortgage,  for  the  sum  of  $ , 

together  with  interest  thereon  at  the  rate  of 

per  cent  per  annum,  from  the day  of 

,  191 ,  until  paid ;  that  there  is  now 

due  and  unpaid  on  said  mortgage  the  sum  of  $ _, 

making  a  total  indebtedness  against  said  estate,  which 
it  is  necessary  should  be  paid,  of  $ 

9.  That  it  is  for  the  best  interests  of  said  estate  that 
said  real  estate  should  not  be  sold,  but  that  the  same 
should  be  mortgaged  for  the  purpose  of  raising  money 
with  which  to  pay  said  debts,  legacies,  expenses  of  ad- 
ministration and  mortgage. 

(Here  state  reasons  why  it  is  best  to  mortgage  and 
not  sell  the  real  estate.) 

36 


Wherefore,  petitioner  prays  that  an  order  be  made 
and  entered  herein  authorizing  him,  as  executor  of  the 
last  will  and  testament  (or  administrator  of  the  estate) 

of  the  said _ , 

deceased,  to  borrow  the  sum  of  $ ,  payable 

years  after  date,  with  interest  at  the  rate 

of per  cent  per  annum,  payable 

,  and  to  make  and  execute 

a  promissory  note  therefor  and  a  mortgage  in  the 
usual  form,  and  containing  the  usual  and  customary 
obligations,  upon  the  said  real  estate,  to  secure  the 
payment  of  said  note. 

Dated ,  191 

Petitioner 


Attorney  for  Petitioner. 


State  of  California,  County  of ,  ss. 

,  the  petitioner  above  named, 

being  first  duly  sworn,  says:  that  he  has  read  the 
foregoing  petition  and  knows  the  contents  thereof, 
that  the  same  is  true  of  his  own  knowledge,  except  as 
to  the  matters  therein  stated  on  his  information  and 
belief,  and  as  to  those  matters  he  believes  it  to  be  true. 


Subscribed  and  sworn  to  before  me.  this. 
day  of ,  191 


Notary  Public  in  and  for  the  County 
of ,  State  of  California. 


37 


Petition  for  Order  to  Lease  Real  Estate 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

Petitioner represents  as  fol- 
lows : 

1.  That  he  is  the  executor  (or  administrator  of  the 

estate  of)  of  the  last  will  and  testament  of 

,  deceased ; 

2.  That  the  names  of  the  legatees  and  devisees  of 
said  decedent  are  as  follows,  to-wit :  (Here  insert  names 
and  residences)  and  that  the  names  of  the  heirs  of  said 
decedent,  so  far  as  known  to  petitioner,  are  as  follows, 
to-wit:    (Here  insert  names  and  residences.) 

3.  That  said  estate  is  possessed  of  that  certain  real 
estate  and  improvements  thereon,  situate  in  the  County 

of ,  State  of  California,  known  and 

described  as  follows,  to-wit : 

4.  That  it  is  for  the  best  interests  of  said  estate  to 
rent  the  said  property  (state  reasons  why),  and  the 
same  can  be  leased,  and  it  is  proposed  to  lease  said 
premises  under  the  terms  and  conditions  of  a  lease  of 
which  a  copy  is  hereto  annexed  and  made  a  part  hereof ; 

Wherefore,  petitioner  prays  that  an  order  be  made 
and  entered  herein  authorizing  him,  as  executor  of  the 
last  will  and  testament  (or  administrator  of  the  estate) 

of  said ,  deceased, 

to  lease  said  property  in  accordance  with  the  terms  and 
conditions  of  said  proposed  lease. 

Dated ,  191 

Petitioner 

Attorney  for  Petitioner. 
(Verification.) 

38 


Petition  for  an  Order  Directing  a  Conveyance  of  Real 
Estate  by  an  Executor  or  Administrator 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 

State  of  California : 

Petitioner represents  as  fol- 
lows : 

1.  That  on  the day  of .. 191.... , 

petitioner  entered  into  an  agreement  in  writing  with 
the  said ,  since  deceased,  where- 
by the  said agreed  to  sell  and  con- 
vey to  the  petitioner,  and  petitioner  agreed  to  pur- 
chase, that  certain  real  estate  situate  in  the  County  of 

,   State   of   California,   described 

as  follows,  to-wit : 

(If  petitioner  is  the  assignee  of  said  purchaser,  recite 
the  assignment ;  if  petitioner  is  the  executor  or  admin- 
istrator insert  name  of  purchaser  in  lieu  of  word  "peti- 
1  inner.") 

2.  That  said  agreement  was  duly  executed,  ac- 
knowledged and  delivered  by  the  said , 

and  was  on  the  day  of ,  191 , 

recorded  in  Book ,  of  Deeds,  at  page ,  in 

the  office  of  the    County   Recorder    of   the  County  of 

,  State  of  California,  that  being 

the  county  in  which  the  said  real  estate  is  situated; 
that  said  agreement  is  hereto  annexed  and  marked  Ex- 
hibit A,  and  is  hereby  referred  to,  and  made  a  part 
hereof; 

3.  That   petitioner  has  performed   all   of  the   acts 

and  made  all  payments  (except  the  sum  of  $ , 

which  he  is  now  ready  and  willing  to  pay)  required  of 
him  by  the  terms  of  said  agreement,  and  by  reason  of 
tlic  premises  is  entitled  to  specific  performance  of  said 
.iirreement,  according  to  the  terms  thereof,  to-wit:  a 
conveyance  of  the  real  estate  described  in  said  agree- 
ment ; 

4.  That  before  petitioner  became   entitled   to   snch 

specific  performance,  to-wit:  on  the day  of 

101 ,  the  said .' 

died  : 

5.  That is  the  duly  appoint- 
ed, qualified  and  acting  administrator  (or  executor  of 
the  lasi  will  and  testament  of  said 

39 


deceased)  of  the  estate  of  the  said , 

deceased. 

Wherefore,  petitioner  prays  that  an  order  be  made 
and  entered  herein,  "authorizing,  empowering  and 
directing  the  said  administrator  (or  executor)  as  such 
administrator  (or  executor)  to  perform  said  agreement, 
by  executing  and  delivering  to  petitioner  a  good  and 
sufficient  conveyance  of  the  real  estate  described  in 
said  agreement  (upon  the  pavment  of  said  sum  of 
$ )• 

Dated ,  191 


Petitioner 

Attorn ey  for  Petitioner. 

(Verification.) 

Petition  for  Appointment  of  Guardian  of  Incompetent 
or  Insane  Person. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 

State  of  California : 

Petitioner „ represents  as  fol- 
lows : 

1.  That  he  is  the of ,  a 

resident  of  the  County  of  Los  Angeles,  State  of  Cali- 
fornia ; 

2.  That  the  said is  the  owner 

of  certain  real  and  personal  property  situated  in  the 
County  of  Los  Angeles,  State  of  California,  particu- 
larly described  as  follows,  to-wit : 

3.  That  said is  now 

years  of  age.  and  for  more  than last 

past  has  been  and  now  is  mentally  incompetent  (or  in- 
sane and  confined  in  the  asylum  at ), 

and  is  wholly  incompetent  to  transact  his  ordinary 
business,  or  properly  to  care  for  said  property; 

Wherefore,   petitioner   prays  that   he   be   appointed 
guardian  of  the  (person  and)  estate  of  said 


Dated ,  191 

Petitioner 


Attorney  for  Petitioner. 

(Verification.) 

40 


Petition  for  Appointment  of  Guardian  of  Minor. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

Petitioner represents  as  fol- 
lows : 

1.  That is  a  minor  of  the  age 

of years,   residing   in  the   County   of  Los  An- 
geles, State  of  California; 

2.  That  said  minor  is  the  owner  of  certain  real  es- 
tate and  personal  property  particularly  described  as 
follows,  to-wit: 

3.  That  said  personal  property  is  of  the  value  of 
$ — 

4.  That  said  real  estate  is  of  the  value  of  $ 

and  the  annual  rents  thereof  amount  to  $ 


5.  That  said  property  needs  the  attention  and  care 
of  a  guardian; 

6.  That  said  minor  has  no  guardian  legally  appoint- 
ed by  will  or  otherwise ; 

7.  That  petitioner  is  the of  said  minor; 

that  the  relatives  of  said  minor  residing  in  the  County 
of  Los  An  geles  are 


8.     That  said  minor  is  at  present  residing  with  and 
under  the  care  of 

Wherefore,   petitioner   prays  that   he   be   appointed 
guardian  of  the  person  and  estate  of  said  minor. 

Dated ,  191 

Petitioner 
Attorney  for  Petitioner. 


41 


Petition  of  Guardian  for  Order  to  Sell  Real  Estate. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

Petition er represents  as  fol- 
lows : 

1.  That  he  is  the  duly  appointed,  qualified  and  act- 
ing guardian  of  the  estate  of. , 

a  minor ; 

2.  That  the  real  and  personal  property  of  said  minor 
and  the  condition  and  value  thereof  is  fully  shown  and 
described  in  Schedule  A,  annexed  hereto,  and  made  a 
part  hereof  (or  if  description  is  short  insert  here)  ; 

3.  That  said  real  estate  has  been  appraised  within 
one  year  last  past; 

4.  That  it  is  necessary  that  the  said  real  estate  of 
said  minor  should  be  sold  (state  reasons). 

5.  (If  private  sale  is  asked  for,  state :  That  said 
property  can  be  sold  to  better  advantage  a"t  private 
sale  than  at  public  auction.) 

Wherefore,  petitioner  prays  that  an  order  be  made 
directing  all  persons  interested  in  said  estate  to 
appear  before  the  court  at  a  time  and  place  specified, 
to  show  cause  why  an  order  should  not  be  made  au- 
thorizing petitioner  to  sell  the  said  real  estate  or  so 
much  thereof  as  the  court  shall  find  necessary  for  the 
purposes  aforesaid,  and  that  after  a  hearing  of  this 
petition,  an  order  of  sale  be  made  authorizing  peti- 
tioner to  sell  at  private  sale  (or  public  auction)  the 
whole  of  said  real  estate,  or  so  much  thereof  as  the 
court  shall  deem  necessary  and  for  the  best  interests 
of  said  estate,  or  that  such  other  or  further  order  be 
made  as  the  court  may  deem  proper  in  the  premises. 

Dated ,  191 


Petitioner 


Attorney  for  Petitioner. 

(Verification.) 
42 


Petition  for  Order  to  Compromise  a  Debt. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

Petitioner ,  the  duly  appointed, 

qualified  and  acting  executor  of  the  last  will  and  testa- 
ment  (or  administrator  of  the  estate)   of 

_ ,  deceased,  represents  as  follows : 

1.  That  there  has  come  to  the  possession  of  peti- 
tioner, as  such  executor  (or  administrator),  a  promis- 
sory note  against ,  dated  the 

day  of ,  191 ,  for  the  sum  of  $ 

with  interest  thereon  at  the  rate  of per  cent  per 

annum  until  paid,  on  which  note  there  is  now  due  and 
unpaid  the  sum  of  $ ,  including  interest ; 

2.  That  said is  financially  em- 

harassed  and  offers  to  pay  $ of  the  prin- 
cipal amount  of  said  note  in  liquidation  of  the  same, 
and  it  is  for  the  best  interests  of  said  estate  that  said 
offer  be  accepted ; 

Wherefore,  petitioner  prays  for  an  order  authoriz- 
ing him  to   compromise   said  note  by   accepting  from 

the  said ,  the  sum  of  $ 

therefor. 

Dated ,  191 


Petitioner 


Attorney  for  Petitioner. 


Order  Confirming  Sale  of  Personal  Property. 

(Title.) 

The of  said  estate  now  pre- 
sents his  sworn  report  of  sales  of  personal  property 
(under  the  order  hereinbefore  made)  or  (under  the 
terms  of  the  will)  showing  that  he  has  made  sales  there- 
of amounting  to  $ And  after  hearing  the 

evidence,  and  being  fully  advised  in  the  premises,  it  is 
ordered  by  the  Court  that  said  sales  l>e  approved  and 
confirmed. 

Dated 191 

43 


Petition  for  Order  Appointing  Trustee 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 

State  of  California : 

Petitioner represents  as  fol- 
lows : 

1.  That  the  last  will  and  testament  of 

,   deceased,  was  duly  admitted  to  probate 

in  this  court  on  the day  of ,  191 ; 

2.  That  by  the  terms  and  conditions  of  the  said  last 

will  and  testament is  appointed 

trustee    of   certain    property   therein   particularly    de- 
scribed, to-wit:    (Description.) 

3.  That  the  said - declines  to 

act  as  such  trustee,  and  has  filed  his  resignation  as 
such  trustee,  in  writing,  in  this  court; 

4.  That  it  is  necessary  to  carry  out  the  trusts  cre- 
ated in  the  said  last  will  and  testament,  that  a  trustee 
shall  be  appointed  to  fill  the  vacancy  created  by  the 
resignation  of  the  said ; 

5.  That  petitioner  is  interested  in  the  said  trusts; 
Wherefore,  petitioner  prays  that  an  order  be  made 

and  entered  herein  appointing 

trustee  in  the  place  and  stead  of  the  said 

.: ,  for  the  purpose  of  carrying  out 

the  terms  and  conditions  of  the  said  trusts  as  provided 
in  the  said  last  will  and  testament. 
Dated ,  191 


Petitioner. 
Attorney  for  Petitioner. 

Petition  for  Order  of  Sale  of  Mining  Property  or 
Shares  of  Stock 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

Petition er represents  as  f ol- 

lows : 

1.     That _ died   on  the 

day  of ,  191 ,  in  the  County  of 

44 


,  State  of ,  being  at 

the  time  of  his  death  a  resident  of  the  said  county  and 
state; 

2.  That  petitioner  is  the  duly  appointed,  qualified 
and  acting  executor  of  the  last  will  and  testament  (or 
administrator  of  the  estate)  of  said  decedent; 

3.  That  a  true  inventory  and  appraisement  of  all 
of  the  estate  of  the  said  decedent  has  been  duly  made 
and  returned  to  this  court; 

4.  That  due  notice  has  been  given  to  the  creditors 
of  the  said  estate  by  publication,  according  to  law,  and 
the  order  of  this  court ; 

5.  That  as  appears  from  said  inventory  and  ap- 
praisement, the  property  of  said  estate  consists  wholly 
(or  in  part)  of  mines,  particularly  described  as  follows, 
to-wit : 

6.  That  the  condition  and  situation  of  said  mine 
(or  mines)  is  as  follows,  to-wit: 

7.  That  it  is  for  the  best  interests  of  said  estate  and 
all  persons  interested  therein,  that  all  of  said  mines 
should  be  sold,  and  that  an  immediate  sale  thereof 
is  necessary  and  for  the  best  interests  of  said  estate, 
for  the  following  reasons,  to-wit : 

Wherefore,  petitioner  prays  that  an  order  be  made 
and  entered  herein,  directing  all  persons  interested 
to  appear  before  this  court  at  a  time  and  place 
specified,  not  less  than  four  nor  more  than  ten  weeks 
from  the  time  of  making  such  order,  to  show  cause 
why  ;m  order  should  not  be  made,  authorizing  and  di- 
recting  petitioner  to  sell  at  (public  auction  or)  private 
Bale,  s;ii<l  mines  or  that  such  other  or  further  order 
may  be  made  as  is  proper  in  the  premises. 

Dated 191 


Petitioner. 


Attorney  for  Petitioner. 

(Verification.) 

45 


Petition  for  Order  to  Set  Apart  Recorded  Homestead. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  Caif ornia : 

Petitioner represents  as  fol- 
lows : 

1.  That   on   the day   of , 

191 ,  an  inventory  and  appraisement  of  the  property 

of  the  estate  of  said ,  deceased,  was 

returned  to  this  court; 

2.  That  the  following  described  real  estate  is  re- 
turned in  said  inventory  and  appraisement  as  the  prop- 
erty of  the  said  estate,  to-wit:  (description),  and  said 
property  is  appraised  at  the  sum  of  $ ; 

3.  That  said  real  estate  was  the  community  property 

of  said  decedent  and , 

and  had  been  acquired  by  them  during  their  marriage 
(or  was  the  separate  property  of  said )  ; 

4.  That  a  declaration  of  homestead  was  -duly  filed 
upon  said  property  during  the  marriage  of  said  dece- 
dent and ,  and  during  the  life- 
time of  said  decedent,  by _ ; 

that  said  declaration  was  duly  acknowledged,  and  was 

recorded   on  the day   of , 

191 ,  in  Book of  Homesteads,  page , 

in  the  records  of  the  County  of ,  State 

of  California,  a  copy  of  which  said  declaration  of  home- 
stead is  annexed  hereto  and  made  a  part  hereof; 

5.  That   the    family    of   said   decedent    consists    of 

Wherefore,  petitioner  prays  that  an  order  be  made 
and  entered  herein,  setting  apart  the  said  property  as 
a  homestead,  for  the  exclusive  use  and  benefit  of  the 

said ,  widow  (or  surviving 

husband  or  minor  child  or  children)  of  decedent 

Dated ,  191 

Petitioner. 


Attorney  for  Petitioner. 

46 


Petition  for  Order  to  Set  Apart  Homestead;  No  Selec- 
tion Having  Been  Made  by  Decedent  in  Lifetime. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

Petitioner represents  as  fol- 
lows : 

1.  That  on  the day  of , 

191 ,  an  inventory  and  appraisement  of  the  prop- 
erty of  the  estate  of  said ,  de- 
ceased, was  returned  to  this  court; 

2.  That  the  following  described  real  estate  is  re- 
turned in  said  inventory  and  appraisement,  to-wit : 
(description),  and  said  property  is  appraised  at  the 
sum  of  $ ; 

3.  That   the   said   real   estate   was   the    community 

property  of  said  decedent  and , 

and  had  been  acquired  by  them  by  their  joint  effort 
while  living  together  as  husband  and  wife;  (or  was 
the  separate  property  of  said )  ; 

4.  That  no  homestead  had  been  selected,  designated 

and  recorded  by  either  the  said  decedent  or , 

during  the  lifetime  of  said  decedent; 

5.  That   the   family   of   said    decedent    consists    of 


6.     That is  now  residing  upon  the 

said  property,  and  selects  and  designates  the  same  as 
the  property  which  it  is  desired  shall  be  set  apart  as  a 
homestead. 

Wherefore,  petitioner  prays  that  an  order  be  made 
and  entered  herein,  setting  apart  the  said  property 
as  a  homestead  for  the  exclusive  use  and  benefit  of 
,  the  widow  (or  surviv- 
ing husband  and  minor  child  or  children)  of  said 
,  deceased. 

Dated ,  191 

Petitioner. 


Attorney  for  Petitioner. 

47 


Petition  for  Order  to  Determine  Interests  in  Estate. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  Caifornia : 

Petition er represents  as  fol- 
lows : 

1.  That  more  than  one  year  has  expired  since  the 
issuing  of  letters  testamentary  (or  of  administration) 
herein;  that  petitioner  is  a  devisee  under  the  terms  of 

the  last  will  and  testament  (or  is  a 

and  heir  at  law)  of  said , 

deceased; 

2.  That  the  rights  of  the  different  persons  claiming 
an  interest  in  the  estate  of  the  said  decedent  have  not 
been  determined  by  any  judgment,  order  or  decree  of 
any  court  of  competent  jurisdiction. 

Wherefore,  petitioner  prays  that  an  order  be  made 
and  entered  herein  requiring  all  persons  inter- 
ested in  said  estate  to  set  forth  the  nature  of  their 
claim,  on  or  before  a  day  to  be  specified  in  said  order, 
not  less  than  sixty  days  nor  more  than  four  months 
from  the  date  of  said  order,  and  that  this  court  ascer- 
tain and  declare  the  rights  of  all  persons  to  said  estate, 
and  all  interests  therein,  and  to  whom  distribution  of 
said  estate  should  be  made. 

Dated ,  191 

Petitioner. 
Attornev  for  Petitioner. 


48 


Petition  Under  Section  1723  C.  C.  P.  to  Terminate  Life 

Estate. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles. 
State  of  Caifornia : 

Petitioner represents  as  fol- 
lows : 

1.  That  he  is  the  owner  in  fee  of  the  following  de- 
scribed real  estate,  to-wit :     (Description.) 

2.  That  said ,  on  the day 

of ,  191 ,  became  the  owner  of  an 

estate  for  life  in  the  said  real  estate  by  deed  executed 

and  delivered  by to  the 

said ,   and   duly  recorded 

on  the day  of 191 ,  in 

Book ,  page of  Deeds,  in  the  office 

of  the  County  Recorder  of  said  Los  Angeles  County,  a 
copy  of  which  deed  is  hereto  annexed,  marked  "Exhibit 
A,"  and  made  a  part  hereof; 

3.  That  said ,  being  the  same 

person  mentioned  as  life  tenant  in  said  deed,  died  on 

the day  of ,  191 ,  at 

_ ,  by  reason  whereof  his 

life  estate  in  said  premises  has  terminated  and  peti- 
tioner has  become  entitled  to  the  possession  thereof; 

Wherefore,  petitioner  prays  that  an  order  be  made 

and  entered  herein  decreeing  that  the  said 

died  on  the 

day  of 191 

Dated ,  191 

Petitioner. 


Attorney  for  Petitioner. 

(Verification.) 


49 


Petition  Under  Section  1723  C.  C.  P.  to  Terminate  Joint 

Tenancy. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California : 

Petitioner represents  as 

follows : 

1.  That  said died  on  the 

day  of ,  191 ,  in  the  County  of 

Los  Angeles,  State  of  California ; 

2.  That  petitioner  and  said 

are  the  same  persons  mentioned  as  grantees  in  that 
certain  deed  wherein  was  conveyed  to  them  the  prem- 
ises described  as  follows : 


which  said  deed  was  duly  acknowledged  and  certified 
so  as  to  entitle  it  to  be  recorded,  and  the  same  was 

on  the day  of ,  191 ,  recorded 

in  Book ,  page ,  of  Deeds,  in  the  office  of 

the  County  Recorder  of  said  Los  Angeles  County,  a 
copy  of  which  deed  is  hereto  attached,  marked  Exhibit 
A,  and  made  a  part  hereof; 

3.     That  petitioner  and  said _, 

grantees  in  said  deed,  took  the  title  to  said  property 
as  joint  tenants,  and  not  as  tenants  in  common,  and  that 

by  reason  of  the  death  of  said , 

the  title  to  the  property  in  said  deed  described  vested 
in  petitioner; 

Wherefore,  petitioner  prays  that  a  decree  be  made 

and  entered  herein  decreeing  that  said 

died  on  the day  of 

,  191 

Dated ,  191 

Petitioner. 


Attorney  for  Petitioner. 

(Verification.) 
50 


Certificate  of  Proof  of  Will,  and  Facts  Found. 

(Two  "Witnesses.) 

(Title.) 

State  of  California,  County  of  Los  Angeles,  ss. 

I;  ,  Judge  of  said  Superior 

Court,  do  hereby  certify  that  on  the day  of 

,  191 ,  the  annexed  instru- 
ment was  admitted  to  Probate  as  the  last  Will  and 

Testament  of ' ,  deceased,  and  from 

the  proofs  taken  and  the  examination  had  therein,  the 
said  Court  finds  as  follows : 

That  said died  on  or  about  the 

day  of - ,  191 ,  in  the 

County  of ,  State  of ; 

that  at  the  time  of  death was  a  resident  of 

the  County  of ,  State  of _.. ; 

that  the  said  annexed  Will  was  duly  executed  by  the 

said  decedent,  in lifetime,  in  the  County  of 

,  State  of ,  and  signed  by  the 

said  testa in  the  presence  of 

the  subscribing  witnesses  thereto ;  also  that 

acknowledged  the  execution  of  the  same  in  their  pres- 
ence, and  declared  the  same  to  be last  Will 

and    Testament,    and   the   said   witnesses   attested   the 

same  at request  in presence ;   (and 

in  the  presence  of  each  other)  ;  that  the  said  decedent, 
at  the  time  of  executing  said  Will,  was  of  the  age  of 
eighteen  years  and  upwards,  was  of  sound  and  dis- 
posing mind,  and  not  under  duress,  menace,  fraud  or 
undue  influence,  nor  in  any  respect  incompetent  to  de- 
vise and  bequeath estate. 

In  wiinrss  whereof,  I  have  signed  this  Certificate  and 
caused  the  same  to  be  attested  by  the  Clerk  of  said 

Court,  under  the  seal  thereof,  this day  of 

.   1!»1 


Judge  of  the  Superior  Court. 


51 


Certificate  of  Proof  of  Will,  and  Facts  Found. 

Holographic. 

(Title.) 

State  of  California,  County  of  Los  Angeles,  ss. 

I,  ,  Judge  of  said  Superior 

Court,  do  hereby  certify  that  on  the day  of 

- ,  191 ,  the  annexed  Instru- 
ment was  admitted  to  Probate  as  the  last  Will  and 

Testament  of ,  deceased,  and  from 

the  proofs  taken  and  the  examination  had  therein,  the 
said  Court  finds  as  follows  : 

That  said died  on  or  about  the 

day  of ,  191 ,  in  the 

County  of ,  State  of ; 

that  at  the  time  of death was  a  resi- 
dent of  the  County  of ,  State  of 

;  that  the  said  annexed  Will  was 

wholly  written,   dated   and  signed  in   the   County   of 

,  State  of ,  by  the 

said  decedent,  in  h own  handwriting  and  by  h 

own  hand,  and  that  the  same  was  duly  executed  by  the 
said  decedent ;  and  that  the  said  decedent,  at  the  time 
of  executing  said  Will,  was  of  the  age  of  eighteen  years 
and  upwards,  was  of  sound  and  disposing  mind,  and 
not  under  duress,  menace,  fraud  or  undue  influence, 
nor  in  any  respect  incompetent  to  devise  and  bequeath 
estate. 

In  witness  whereof,   I  have  signed  this   Certificate 
this day  of ,  191 


Judge  of  the  Superior  Court. 


52 


Certificate  of  Proof  of  Foreign  Will  and  Facts  Found. 

(Title.) 

State  of  California,  County  of  Los  Angeles,  ss. 

I ,  Judge  of  the  said  Su- 
perior Court,  do  hereby  certify  that  there  was  produced 

by (a  person  interested  in  the 

will  or  the  executor  named  in  the  will),  a  copy  of  the 

"Will  of ,  and  the  probate  thereof 

in  the Court,  of  the  County  of , 

State  of duly  authenticated,  and  said 

will,  a  copy  of  which  is  annexed  hereto,  was  on  the 
_ day  of ,  191 ,  admit- 
ted to  probate  in  this  Court  as  the  last  Will  and  Testa- 
ment of ,  deceased,  and  from  the 

proceedings  taken  and  from  the  examination  had  there- 
in on  said  day  the  Court  finds  as  follows : 

That  said ! died  on  or  about  the 

day  of ,  191 ,  in  the 

County  of ,  State  of ; 

and  that  at  the  time  of  h death was  a  resi- 
dent of  the  County  of ,  State  of 

;  that  said  Will,  a  copy  of  which  is  annexed 

hereto,  was  duly  proved,  allowed  and  admitted  to  Pro- 
bate as  the  last  Will  and  Testament  of 

,  deceased,  in  the Court,  of 

the  County  of State  of , 

by  an  order  of  said  court  duly  entered  therein  on  the 

_„ day  of ,  191 ;  that 

said  court  at  the  time  of  making  said  order  was  a  court 
of  competent  jurisdiction  and  had  jurisdiction  in  said 
matter  and  of  all  persons  interested  in  the  estate  of 
aaid  decedent;  that  said  will  was  executed  (according 

to  the  laws  of  the  State  of ,  in  which 

state  it  was  made,  or  according  to  the  laws  of  the  State 

of in  which  state  the  decedent  was 

domiciled  at  the  time  of  his  death,  or  in  conformity 
with  the  laws  of  the  State  of  California.) 

In    witness    whereof,   I   have   signed    this   Certificate 
this day  of ,  191 


Account  Current  and  Report  of  Executor  or 
Administrator. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California. 

,  as of  the 

estate   of ,  deceased,   renders  to 

the  Court  his  first  account-current  and  report  of  his 
administration  of  said  estate  up  to  and  including  the 

day  of ,  191 ,  as  follows, 

to-wit : 

Letters  of upon  said  estate  were 

duly  issued  to  him  on  the day  of , 

191 

Notice  to  creditors  has  been  duly  published,  the  first 

publication  thereof  being  on ,  191 , 

a  copy  of  which  notice  was  duly  filed  in  court  within 
30  days  after  the  first  publication  thereof,  to-wit,  on 
day  of 191 

Decree  establishing  due  notice  to  creditors  was  duly 

made  and  filed  in  court  on day  of 

,  191 

An  inventory  and  appraisement  of  said  estate  was 

returned  and  filed  on  the day  of , 

191 ,  showing  the  total  value  of  said  estate  to  be  the 

sum  of  $ 

The  following  is  a  statement  of  the  claims  presented 
and  allowed  against  said  estate,  to-wit:  (State  name 
of  claimant,  amount  of  claim,  and  whether  of  the  1st, 
2nd,  3rd,  4th  or  5th  class  under  Section  1643  C.  C.  P.) 

Said is  chargeable  as  follows : 

Amount  of  inventory  and  appraisement $ 

Gain  on  sales  over  appraisement : 
Parcel   1.    Appraised   at   $ ;   Sold   for   $ — — ; 

Gain  $ 

Parcel  2.  Appraised  at  $ ;   Sold  for  $ ; 

Gain  $ 

etc 

54 


Interest  collected : 

On  note  of $- 

On  mortgage  of  $- 

On  mortgage  of  $- 

Principal  collected  in  excess  of  appraisement : 

On  note  of $- 

On  mortgage  of  $- 

On  account   of  $- 

Rents  collected : 

On  parcel  3  from $- 

etc 

Total  charges  $- 

And  he  is  entitled  to  credits  as  follows: 
Loss  on  sales  less  than  appraisement: 

Parcel   3,   appraised   at   $ ;    Sold   for   $ ; 

Loss   $_ 

etc 


Property  set  apart  to  family  by  order  (appraised 
value)    $. 

Homestead  set  apart  (appraised  value) $- 


Property  lost  or  destroyed : 

Parcel  4  lost  by  decree  in  ease  No.  — . 

re.  $. 

Parcel  5  property burned $- 

( 'ash  paid  as  follows  : 

On  family  allowance  voucher  No.  — $- 

To  Court  Clerk fees,  voucher  No.  —  $- 

(Insert  other  cash  payments) $- 

Total  credits I $- 

Balance  chargeable  to  next  account $- 


Total    $ 

The  balance  consists  of  the  following  items: 

Cash   on   hand $ 

Property  on  hand  (appraised  value) $ 

Total    $ 

The   said further  states  to  the   Court 

lien-  give  a  statement  of  any  further  facts  necessary 
to  explain  any  it.  in  of  tin-  account,  or  the  condition  <>! 
the  estate). 

55 


And  said asks  that  said  account  be  ap- 
proved and  settled  and  that  an  order  be  made  for  the 
payment  oi'  the  claims  filed  as  aforesaid,  or  for  such 
portion  thereof  as  shall  be  proper,  out  of  the  cash  bal- 
ance on  hand. 


State  of  California,  County  of  ■ . 

being  duly  sworn  on  oath  says  that  he 

is  the  who  makes  the  foregoing  account 

and  report,  and  that  all  the  statements  therein  made 
are  true ;  that  each  item  of  expenditure  therein  set 
forth,  to  an  amount  not  over  twenty  dollars,  for  which 
no  voucher  is  produced,  was  actually  paid  out  at  the 
time  and  place  and  to  the  person  as  therein  specifically 
stated ;  and  that  the  same  contains  a  full  and  true  state- 
ment of  all  charges  against  him,  and  of  all  credits  to 
which  he  is  entitled,  on  account  of  said  estate. 


Subscribed  and  sworn  to  before  me  this day 

of ,  191 


Final  Account,  Report  and  Petition  for  Distribution  of 
Estate  Following  an  Account  Current. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California. 

,  as of  the  estate 

of ,  deceased,  renders  to  the  Court 

his  final  account  and  report  for  settlement  of  said  es- 
tate and  presents  therewith  his  petition  for  distribution 
thereof  as  follows,  to-wit: 

Said is  chargeable  as  follows : 

Balance  chargeable  on  settlement  of  last  account- 
current   $ 

(Here  add  any  other  gains  to  the  estate  as  in  ac- 
count-current)  $ 

Total  charges  $ 

56 


He  is  entitled  to  credits  as  follows: 

Paid on  claim.    Voucher  No.  — $- 

etc. 

Commissions  allowed  by  laAv  on  $ ,  the  total 

value  of  estate  administered $- 

Attorneys'  fees  agreed  on,  subject  to  approval  of 
Court  $- 

(Add  any  other  credit  items) $- 

Total  credits  $- 

AYhich  when  deducted  from  total  charges  leaves 
for  distribution  a  balance  of $- 

The  said  balance  consists  of  the  following  de- 
scribed property,  to-wit : 

Cash  on  hand  $- 

And  the  following  described  property,  to-wit: 
(Here  describe  all  remaining  property  and  state 
its  appraised  value.) 

Total   $- 


Letters were  duly  issued  upon  said 

estate  on  the day  of ,  191 

Notice  to  creditors  has  been  duly  published,  the  first 

publication  thereof  having  been  made  on  the 

day  of ,  191 ,  a  copy  of  which 

notice  was  duly  filed  in  court  within  30  days  after  the 

first  publication  thereof,  to-wit,  on dav  of 

,  191 

Decree  establishing  due  notice  to  creditors  was  duly 

made  and  filed  in  court  on dav  of 

,  191 

In  accordance  with  the  order  for  the  payment  of 
claims  hereinbefore  made,  all  claims  allowed  against 
said  estate  have  been  paid,  as  shown  by  the  foregoing 
account,  and  said  estate  is  now  in  condition  to  be  fin- 
ally settled  and  distributed. 

Said  deceased  left  as  his  next  of  kin  and  only  heirs 
at  law  certain  persons  whose  names,  relationship  and 
residences  are  as  follows,  to-wit:    (Insert) 

It'  there  is  a  will  dulj   probated — add  the  following 

or  similar  statement  of  its  terms:) 

57 


By  the  terms  of  the  last  will  of  said  deceased,  ad- 
mitted to  probate  herein,  the  said  estate  is  disposed  of 
as  follows :     He  bequeaths  specific  money  legacies  as 

follows  :     To $ ,  etc.     He 

made  specific  devises  of  land  as  follows :    To 

(describe  the  land  and  conditions  of  the 

devise).  And  the  residue  of  said  estate  he  devised  and 
bequeathed  as  follows:    (Insert.) 

There  will  be  inheritance  taxes  payable  as  follows : 

On  the  legacy  to the  sum  of  $ ,  and 

on  the  legacy  to the  sum  of  $ ,  and 

there  will  also  be  such  taxes  to  pay  on  the  devise  to 

the  value  of  which  for 

that  purpose  has  not  been  ascertained. 

That  the  whole  of  said  estate  is  separate  (or  commu- 
nity) property. 

Wherefore,  said asks  that  said 

account  be  approved,  allowed  and  settled,  and  that  the 
amount  of  collateral  inheritance  tax  to  be  paid  on  the 
legacies  and  devises  be  determined,  and  that  a  decree 
be  made  for  the  payment  of  such  taxes  and  for  the 
distribution  of  all  said  estate  to  the  persons  entitled 
thereto,  and  for  all  other  proper  relief. 


Petitioner. 
(Affidavit  as  in  account  current.) 

NOTE— 

(1)  If  no  agreement  has  been  made  as  to  the  amount 
of  attorneys'  fees  this  item  should  be  omitted  and  the 
report  should  show  that  attorneys'  fees  have  been  in- 
curred and  an  allowance  should  be  asked  therefor. 
Unless  attorneys'  fees  are  asked  for  in  some  way  in 
the  account  or  report  none  can  be  allowed  or  fixed  by 
the  Court. 

(2)  If  there  is  no  inheritance  tax  omit  this  clause. 
If  there  is  no  will  and  there  are  collateral  heirs  who 
must  pay  a  tax,  insert  a  statement  of  the  facts. 

(3)  Give  dates  of  receipts  and  expenditures  in  all 
accounts. 


58 


Final  Account,  Report  and  Petition  for  Distribution. 

Insolvent  Estate. 

(Title.) 

Proceed  as  in  form  for  "First  and  Final  Account" 
to  and  including  statement  of  balance,  omitting  pay- 
ments of  legacies  and  claims,  and  then  as  follows : 

Letters were  duly  issued  on  said 

estate  on  the day  of ,  191 

An  inventory  and  appraisement  of  said  estate  was 

duly  returned  and  filed  on  the day  of. 

,  191 ,  showing  the  value  of  said  estate  to 

be  $ 

The  following  statement  gives  the  name  of  each  cred- 
itor whose  claim  has  been  presented  and  allowed 
against  said  estate,  the  amount  now  due  on  his  claim 
and  the  class  to  which  the  same  belongs,  to-wit:  (In- 
sert.) 

The  names,  degree  of  kin  and  residences  of  the  only 
heirs  at  law  of  said  decedent  are  as  follows,  to-wit : 
(Insert.) 

(If  a  will  was  probated,  add:)  The  names  and  resi- 
dences of  the  legatees  and  devisees  named  in  the  will 
of  said  decedent  admitted  to  probate  herein  are  as  fol- 
lows, to-wit:    (Insert.) 

All  the  assets  of  said  estate  have  been  reduced  to 
cash  as  aforesaid  and  the  estate  is  now  in  condition  to 
be  finally  settled. 

Wherefore,  the  said asks  that  said  ac- 
count be  approved  and  settled,  that  the  Court  direct 
the  apportionment  of  said  balance  among  the  said  cred- 
itors ami  order  payment  accordingly,  and  that  the  ad- 
ministration be  closed  and  for  all  other  proper  relief. 

Dated 191 

Affidavit  as  in  account  current.) 


59 


First  and  Final  Account,  Report  and  Petition  for 

Distribution. 

(Title.) 

To  the  Superior  Court  of  the  County  of  Los  Angeles, 
State  of  California. 

,  as of  the  es- 
tate of ,  deceased,  renders  to  the 

Court  his  first  and  final  account  and  report  and  pre- 
sents therewith  his  petition  for  distribution  of  said 
estate  as  follows,  to-wit : 

Said is  chargeable  as  follows : 

Amount  of  inventory  and  appraisement $ 

Parcel ,    appraised   at   $— - — ;    Sold   for   $ ; 

Gain  $ 

etc. 

Interest  collected : 

On  note  of $- 

etc. 

Principal  collected  in  excess  of  appraisement : 

On  note  of .: $ 

etc. 
Rents  collected: 

On  parcel  3  from  ■ $ 

etc. 

Total  charges  $ 

And  he  is  entitled  to  credits  as  follows : 

Loss  on  sales  less  than  appraisement : 

Parcel   3,    appraised   at   $ ;    Sold   for  $ ; 

Loss   $ 

etc. 

Property  set  apart  to  family  by  order  (appraised 
value)    $ ■ 

Homestead  set  apart  (appraised  value) $ 

Parcel  4  lost  by  decree  in  case  No.  — ,  • 

vs.   , $ 


Parcel  5,  personal  property,  burned $- 

Cash  paid  out  as  follows : 

On  family  allowance,  voucher  No.  — $- 

To  County  Clerk,  fees,  voucher  No.  — $- 

60 


To ,  funeral  voucher  No.  — $- 

To ,  on  claim  voucher  No.  — $- 

To ,  legacy,  voucher  No.  — $- 

Commissions  allowed  by  law  on  $ ,  the  total 

value  of  estate  administered $- 

Attorney's  fee  agreed  on,  subject  to  approval  of 

Court  $- 

(Add  other  cash  payments) _ $- 

Total  credits ~ $- 

Which  when  deducted  from  total  charges  leaves 

for  distribution  a  balance  of $- 

The  said  balance  consists  of  the  following  de- 
scribed property,  to-wit : 

Cash  on  hand $- 


And  the  following  described  property,  to-wit: 
(Here  describe  all  remaining  property  and  state 
its  appraised  value.) 

Total   - $- 


Letters were  duly  issued  upon  said  estate 

on  the day  of ,  191 

Notice  to  creditors  has  been  duly  published,  the  first 

publication  thereof  having  been  made  on  the 

day  of 191 ,  a  copy  of  which  notice 

was  duly  filed  in  court  within  30  days  after  the  first 

publication  thereof,  to-wit,  on  the day  of 

,  191 

Decree  establishing  due  notice  to  creditors  was  duly 

made  and  filed  in  court  on  the day  of 

,  191 

An  inventory  and  appraisement  of  said  estate  was 

duly  returned  and  filed  on  the day  of 

,  191 ,  showing  said  estate  to  be  of  the  value 

of  $ 

(The  following  claims  have  been  presented  and  al- 
lowed against  said  estate,  to-wit:)  (State  name  of 
claimant,  amount  of  claim,  and  whether  of  1st,  2nd. 
3rd,  4th  or  5th  class)  or, 

(If  claims  have  all  been  paid,  omit  above  and  say: 
"All  claims  presented  and  allowed  against  said  estate 
have  been  fully  paid  as  shown  by  the  foregoing  ac- 
count.") 

61 


Said  estate  is  now  in  condition  to  be  finally  settled 
and  distributed. 

That  the  whole  of  said  estate  is  separate  (or  com- 
munity) property. 

The  following  named  persons  are  the  next  of  kin  and 
only  heirs  at  law  of  said  deceased,  to-wit :  (Insert 
names,  degree  of  relationship  and  residence.) 

(If  there  is  a  will,  insert  the  following:  "By  the 
terms  of  the  last  will  of  said  deceased,  duly  admitted 
to  probate  herein,  the  said  estate  is  disposed  of  as  fol- 
lows": State  in  detail  the  terms  of  the  will  as  to  the 
property  remaining.) 

(There  is  a  collateral  inheritance  tax  of  $ , 

payable  on  the  legacy  to ,  and  there 

is  also  such  a  tax  on  the  devise  to , 

the  value  of  which  for  that  purpose  has  not  been  ascer- 
tained;) or  (there  is  collateral  inheritance  tax  due  on 
the  shares  of  (give  names  and  amount  due  on  each). 

"Wherefore,  said asks  that  said  ac- 
count be  approved,  allowed  and  settled  (that  the 
amount  of  collateral  inheritance  tax  to  be  paid  on  the 
(legacies  and  devices)  or  (shares)  be  determined)  and 
that  a  decree  be  made  for  the  distribution  of  all  said 
estate  to  the  persons  entitled  thereto  and  for  all  other 
proper  relief. 

Dated ,  191 

Petitioner. 


Attorney  for  Petitioner. 
(Affidavit  as  in  account  current.) 


62 


Notice  of  Rejection  of  Claim. 

•  Title.) 

To 

You  are  hereby  notified  that  your  claim  for  the  sum 
of  $ ,  presented  to ,  ad- 
ministrator of  the  estate  of ,  de- 
ceased, was  by  the  said  administrator  rejected  (if  al- 
lowed in  part  and  rejected  in  part,  add:)    as  to  the 

sum  of  $ and  allowed  as  to  the  sum  of  $ , 

on  the day  of ,  191 

Dated ,  191 


Administrator   of  the   Estate   of 
,  Deceased. 


Order  Appointing  Special  Administrator. 

(  Title.) 

Good  cause  being  shown  therefor  and  on  motion  of 

'.....,  it  is  ordered  by 

the  Court  that be  and  he  is  here- 
by  appointed   special   administrator   of  the    estate   of 

,   deceased,  late  of  Los  Angeles 

County,  and  that  as  such  special  administrator  he  shall 
have  power  to  collect  and  preserve  all  the  personal 
property  of  said  estate  and  all  the  income,  issues, 
rents  and  profits  of  the  real  and  personal  property  of 
Baid  estate,  and  all  claims  and  demands  of  the  estate, 
and  take  charge  of  and  manage  the  real  estate,  and 
preserve  the  same  from  damage,  waste  and  injury,  and 
commence,  maintain  and  defend  all  suits  and  other 
legal  proceeding  necessary  to  carry  out  these  powers; 
that  he  give  bond  as  such  special  administrator  in  the 
sum  of  $ ,  and  that  thereupon  letters  of  ad- 
ministration issue  to  him  in  conformity  with  this  order. 

Dated 191 


63 


Order  Appointing  Administrator. 

(Title.) 

Now  comes  the  petitioner,  ,  by 

,  attorney,  and 

proves  to  the  satisfaction  of  the  Court  that  the  petition 
for    letters    of    administration    therein    was    filed    on 

,  191 ,  and  that  the  time  for  hearing 

the  same  was  by  the  Clerk  duly  set  for  the 

day  of ,  191 ,  and  that  notice  of 

said  hearing  has  been  duly  given  as  required  by  law 
(If  continuance  has  occurred  add — and  the  hearing 
having  been  regularly  continued  to  this  time — )  and 
no  person  appearing  to  contest  said  petition  the  Court 
proceeds  to  hear  the  evidence,  and  thereupon  finds  that 
the  facts  therein  alleged  are  true,  and  that  said  peti- 
tion ought  to  be  granted. 

It  is  therefore  ordered  and  adjudged  by  the  Court 

that  said ,  died  on  the 

day  of ,  191 ;  that  he  was  a  resident 

of _ county,   State  of 

at  the   date   of  his   death;   that   he   left  property   in 

county,   State   of  California ;    and  that 

be  appointed  administrator 

of  the   estate  of  said ,   deceased, 

and  that  letters  of  administration  thereon  issue  to 
upon taking  the  oath  re- 
quired by  law  and  giving  bond  in  the  sum  of  $ 

Dated ,  191 


64 


Order  Admitting  Will  to  Probate  and  for  Letters 

Testamentary. 

(Title.) 

Now  comes  the  petitioner,  , 

by ,  attorney,  and  proves  to 

the  satisfaction  of  the  Court  that  the  time  for  hearing 
the  petition  for  the  probate  of  the  will  herein  filed  on 
the day  of ,  191 ,  and  for  let- 
ters testamentary  thereon,  was  by  the  Clerk  duly  set 

for  the day   of _ ,    191 ,    and 

that  notice  of  said  hearing  has  been  duly  given  as  re- 
quired by  law;  (If  continued  add:  "And  the  hearing 
having  been  regularly  continued  to  this  time,")  and 
no  person  appearing  to  contest  the  said  petition,  the 
Court  proceeds  to  hear  the  evidence  and  thereupon 
finds  the  facts  alleged  therein  to  be  true,  and  that  said 
petition  ought  to  be  granted. 

It  is  therefore  ordered  and  adjudged  by  the  Court 

that  said ~ ,  died  on  the 

day  of ,  191 ,  a  resi- 
dent of - county,  State  of , 

leaving   estate   in county,    California,    and 

that  the  document  heretofore  filed,  purporting  to  be 
his  last  will,  and  so  alleged  to  be  in  said  petition,  be 
admitted  to  probate  as  the  last  will  of  said  deceased; 

that be  appointed 

execut of  the  said  last  will  and  testament,  and 

that  Letters  Testamentary  issue  to  said 

upon taking  the  oath  required  by  law.    (If  bonds 

are  not  waived  add:  "And  giving  bond  in  the  sum  of 
$ ")• 

Dated ,  191 


65 


Order  Admitting  Will  to  Probate  and  for  Letters  of 
Administration  With  the  Will  Annexed. 

(Title.) 

Now  comes  the  petitioner,  ,  by 

,  his  attorney,  and  proves  to  the 

satisfaction  of  the  Court  that  the  time  for  hearing  the 
petition  for  the  probate  of  the  will  herein  filed  on 
,  191 ,  and  for  letters  of  ad- 
ministration, with  the  will  annexed,  was  by  the  Clerk 

duly  set  for  the day  of ,  191 , 

and  that  notice  of  said  hearing  has  been  duly  given  as 
required  by  law;  (If  continued  add:  "And  the  hearing 
having  been  regularly  continued  to  this  time")  and 
no  person  appearing  to  contest  said  petition,  the  Court 
proceeds  to  hear  the  evidence,  and  thereupon  finds  that 
the  facts  alleged  therein  are  true,  and  that  said  peti- 
tion ought  to  be  granted. 

It  is  therefore  ordered  and  adjudged  by  the  Court 

that  said ,  died  on  the 

day  of ,  191 ,  a  resi- 
dent of county,  State  of , 

leaving   estate   in county,    California,    and 

that  the  document  hereinbefore  filed  dated. , 

purporting  to  be  his  last  will,  and  so  alleged  to  be  in 
said  petition,  be  admitted  to  probate  as  the  last  will 

of  said  deceased ;  that 

be  appointed  administrat of  said  estate  with  the 

will  annexed,  and  that  letters  of  administration  with 

the  will  annexed  issue  to 

upon taking  the  oath  required  by  law  and 

giving  bond  in  the  sum  of  $ 

Dated ,  191 


66 


Order  Admitting  Foreign  Will  to  Probate. 

(Title.) 

Now  comes  the  petitioner.  , 

by ,  his  attorney,  and  presents  a 

copy  of  the  last  will  of  said  decedent  and  the  probate 

thereof  in  the  County  of ,  State  of 

,   duly  authenticated,   and  proves  to 

the  satisfaction  of  the  Court  that  the  time  for  hearing 
the  petition  for  the  probate  of  the  will,  filed  on  the 
day  of ,  191 (and  for  let- 
ters testamentary  thereon)  or  (and  for  letters  of  ad- 
ministration with  the  will  annexed  as  the  case  may 
be),  was  by  the  Court  duly  set  for  hearing  on  the 
day  of ,  191 ,  and  that  no- 
tice of  said  hearing  has  been  duly  given  as  required 
by  law;  (if  continued  add:  "And  the  hearing  having 
been  regularly  continued  to  this  time")  and  no  per- 
son appearing  to  contest  the  said  petition,  the  Court 
proceeds  to  hear  the  evidence  and  thereupon  finds  the 
facts  alleged  therein  to  be  true  and  that  said  petition 
ought  to  be  granted,  and  it  appearing  on  the  face  of 
the  authenticated  record  of  the  probate  of  said  will  so 
presented  and  on  file  herein,  that  said  will  has  been 
duly  proved,  allowed  and  admitted  to  probate  in  the 

Court  of  the  County  of , 

State  of ,  on  the day  of. 

,  191 ,  and  that  said  will  was  executed  (ac- 
cording to  the  laws  of  the  State  of ,  in 

which  the  same  was  made,  or  according  to  the  laws  of 
the  State  of ,  in  which  state  the  tes- 
tator was  domiciled  at  the  time  of  his  death,  or  in  con- 
formity with  the  laws  of  this  state)  ; 

It  is  therefore  ordered  and  adjudged  by  the  Court 

that ,  died  testate  on 

the day  of ,  191 ,  a  resident 

of  the  County  of ,  State  of , 

leaving  an  estate  in  the  County  of  Los  Angeles,  State 
of  California;  that  the  document  heretofore  admitted 

to  probate  in  the Court  of  the  County  of 

,  State  of as  1  he 

Last  will  of  said  deceased  and  so  alleged  to  be  in  said 
petition,  a  certified  copy  of  which  is  filed  herein,  be 
admitted  to  probate  as  the  last  will  of  said  drcr;i 

67 


that be    appointed    (execut 

of  said  estate,  or  administrator,  with  the  will  annexed, 
as  the  case  may  be)  and  that  letters  (testamentary,  or 
of  administration  with  the  will  annexed)  issue  to  said 
upon  h taking  the  oath  re- 
quired by  law.  (If  bonds  are  not  waived  or  if  letters 
of  administration  with  the  will  annexed  are  ordered, 
add  "and  giving  bond  in  the  sum  of  $ ") 

Dated ,  191...'. 


Order  Appointing  Administrator  (de  bonis  non). 

(Title.) 
In  the  matter  of  the  estate  of 


Now  comes  the  petitioner ,  by 

f  h attorney,  and  proves  to 

the  satisfaction  of  the  Court  that  the  petition  for  let- 
ters of  administration  (de  bonis  non)  herein  was  filed 

on day  of ,   191 ,  and  that 

on  the  same  day  the  time  for  hearing  the  same  was 

by  the  Clerk  duly  set  for  the day  of , 

191 ,  and  that  notice  of  said  hearing  has  been  duly 

given  as  required  by  law,  -•• 

and  no  persons  appearing  to  contest  said  petition  the 
Court  proceeds  to  hear  the  evidence,  and  thereupon 
finds  that  the  facts  therein  alleged  are  true,  and  that 
said  petition  ought  to  be  granted. 

It  is  therefore  ordered  by  the  Court  that 

be  appointed  administrat of  all  of 

the  estate  of  said ,  deceased,  not 

heretofore  administered,  and  that  letters  of  adminis- 
tration thereon  issue  to upon taking  the 

oath  as  required  by  law  and  giving  bond  in  the  sum 
of  $ 


Dated ,  191 


r.8 


Order  Assigning  Whole  Estate  Under  Section  1469. 

(Title.) 

It  appearing  to  the  satisfaction  of  the  Court  that  a 
verified  petition  having  been  filed  and  notice  of  the 
order  requiring  all  persons  interested  in   said   estate 

to  appear  on  the day  of ,  191 , 

to  show  cause  why  the  whole  of  said  estate  should  not 
be  assigned  for  the  use  and  support  of  the  family  of 
said  deceased,  has  been  duly  given  as  required  by  law 
and  by  the  order  of  the  Court,  (if  continued  add,  "and 
that  the  hearing  thereof  has  been  regularly  continued 
to  this  day")  and  that  the  net  value  of  the  whole 
estate  of  said  decedent  does  not  exceed  the  sum  of 
fifteen  hundred  dollars,  and  that  the  expenses  of  the 
last  illness  of  said  deceased,  funeral  charges  and  ex- 
penses of  administration  have  been  paid. 

It  is  therefore  ordered,  adjudged  and  decreed  by  the 

Court  that  the  whole  of  the  estate  of  said 

„ ,  deceased,  be  and  the  same  is  hereby  as- 
signed to,  and  that  the  title  thereof  shall  rest  absolutely 

in ,  the  widow  ( or - , 

the  minor  child )  of  said  decedent,  subject  to  what- 
ever mortgages,  liens  or  incumbrances  there  may  have 
been  thereon  at  the  time  of  the  death  of  said  decedent. 
The  said  property  consists  of  the  personal  property  de- 
scribed in  the  inventory  (and  the  following  described 
real  estate,  to-wit:). 

(Insert  Description.) 

Dated ,  191 

Order  Confirming  Sale  of  Perishable  Property. 
(Title.) 

Comes  now ,   the 

of  said  estate,  and  presents  his  sworn  report  of  the  sale 
of  property  under  the  order  hereinbefore  made,  show- 
ing that  in  pursuance  of  said  order,  and  after  giving 
notice  as  prescribed  by  law,  and  by  the  order  of  the 
Court,  he  sold  said  properly  for  the  aggregate  sum  of 

,  and   he  asks   that  said   sales  be   eon 

firmed.  And  being  fully  advised  in  the  premises,  n  is 
hereby  ordered  by  the  Court  that  said  sales  be  ap- 
proved and  continued. 

Dated      ,  101 

69 


Order  to  Sell  Perishable  Property. 

(Title.) 

Now  comes ,  the 

of  said  estate,  and  presents  his  application  for  an  order 
to  sell  personal  property  of  the  estate.  And  it  appear- 
ing therefrom  and  from  proofs  taken  that  the  following 
described  personal  property  belonging  to  said  estate 
is  by  nature  perishable ;  that  it  is  likely  soon  to  depre- 
ciate in  value,  and  that  it  will  incur  loss  and  expense 
by  being  kept,  it  is  ordered  by  the  Court  that  the  said 

proceed  to  sell  at  public  auction  upon days 

notice  in  the  manner  required  by  law,  all  of  the  follow- 
ing described  personal  property,  to-wit : 

(Description.) 

(or  if  private  sale — it  is  ordered  by  the  Court  that  the 

said    

proceed  to  sell  at  private  sale  without  notice,  all  the 
following  described  personal  property,  to-wit:) 

(Description.) 

Dated ,  191 

Order  for  Sale  of  Personal  Property. 

(Title.) 

Comes  now ,  of 

said  estate,  and  presents  his  petition  for  the  sale  of 
certain  personal  property  of  said  estate,  and  it  appear- 
ing to  the  Court  that  due  notice  of  the  hearing  of  said 
petition  has  been  given  (by  posting  or  by  advertising) 
as  required  by  law,  and  that  the  said  sale  is  (for  the 
best  interests  of  said  estate)  or  (necessary  for  the  pay- 
ment of  claims,  expenses  of  administration  or  legacies). 

It  is  ordered  by  the  Court  that  said 

proceed  to  sell  at  public  auction  after  the  notice  and 
in  the  manner  as  provided  by  law,  all  the  following 
personal  property,  to-wit : 

(Description.) 


Dated ,  191. 

70 


Order  Setting  Apart  Homestead — No  Selection  Being 
Made  by  Deceased  in  Lifetime. 

(Title.) 

On  motion  of ,  it  having  been 

duly  made  to  appear  to  the  Court  that  no  homestead 
had  been  selected  by  the  deceased  in  his  lifetime,  it  is 
ordered  by  the  Court  that  the  land  described  as  fol- 
lows, to-wit : 

(Insert  Description.) 
be  and  the  same  is  hereby  set  apart  as  a  homestead 

for  the  use  of ,  the  surviving 

,  and ,  the  minor 

children  of  said  decedent  ("and  that  said  land  is  com- 
munity property")  (or  if  separate  property,  "and  that 
said  land  was  separate  property  of  said  deceased,  and 

that  the  same  be  set  apart  only  for  the  period  of 

years  from  this  date"). 

Dated ,  191 


Order  Setting  Apart  Recorded  Homestead — Community 

Property. 

(Title.) 

The  inventory  and  appraisement  herein  having  been 
duly  made  and  filed,  and  the  following  described  real 
estate  having  been  appraised  therein  at  not  exceeding 
five  thousand  dollars  in  value,  and  having  been  duly 
selected  and  recorded  as  a  homestead  in  the  lifetime 
of  said  decedent  and  being  community  property,  now 

on  motion  of ,  it  is  ordered  by  the 

Court  that  the  same  be  set  off  to , 

the  surviving of  said  decedent,  as  h 

property,  subject  to  no  other  liability  of  said  decedent 
than  such  as  exists  or  has  been  created  under  Title  V, 
Part  4,  Division  2,  of  the  Civil  Code.  Said  land  is  de- 
scribed as  follows,  to-wit: 


Dated ,  I'M 

71 


Order  Setting  Apart  Recorded  Homestead,  Selected  by 
Survivor  Only — Separate  Property. 

(Title.) 

The  inventory  and  appraisement  herein  having  been 
duly  made  and  filed,  and  the  following  described  real 
estate  having  been  appraised  therein  at  not  exceeding 
five  thousand  dollars  in  value,  and  having  been  duly 

selected  and  recorded  as  a  homestead  by  the 

of  said  decedent  during  h life,  out  of 

h separate  property,  the  said  decedent  not  having 

joined  in  said  selection,  now  on  motion  of 

,  it  is  ordered  by  the  Court  that  the  same  be 

set  off  for  the  period  of years  from 

this  date  to  the  family  of  said  decedent,  namely 

h and h  minor  chil- 
dren, the  same  thereafter  to  vest  in  the  legal  heirs  of 
said  decedent,  and  to  be  hereafter  subject  to  no  other 
liability  of  said  decedent  than  such  as  exists  or  has 
been  created  under  the  provisions  of  Title  V,  Part  4, 
Division  2  of  the  Civil  Code,  if  any  such  liability  there 
be.     Said  land  is  described  as  follows,  to-wit: 

(Description.) 

Dated ,  191 

Order  Setting  Apart  Recorded  Homestead,  Selected  by 

Decedent — Separate  Property. 

(Title.) 

The  inventory  and  appraisement  herein  having  been 
duly  made  and  filed,  and  the  following  described  real 
estate  having  been  appraised  therein  at  not  exceeding 
five  thousand  dollars  in  value,  and  having  been  duly 
selected  and  recorded  as  a  homestead  by  said  decedent 

during  h life,  out  of  h separate  property,  now 

on  motion  of ,  the 

of  said  deceased,  it  is  ordered  by  the  Court  that  the 

said  premises  be  set  off  to ,  the 

surviving of  said   decedent,   as  h 

property  subject  to  no  other  liability  of  said  decedent 
than  such  as  may  exist  under  Title  V,  Part  4,  Division 
2  of  the  Civil  Code,  if  any  such  liability  there  be. 

Said  land  is  described  as  follows,  to-wit: 

(Description.) 

Dated ,  191 

72 


Order  Setting  Time  for  Hearing  Report  of  Appraisers 

and  Prescribing  Notice — Value  Exceeding  $5,000. 
(Title.) 

The  appraisers  appointed  by  the  Court  to  appraise 
the  estate  of  said  decedent  having  filed  their  return 
appraising  the  homestead  selected  and  recorded  in  the 
lifetime  of  the  deceased  at  more  than  five  thousand  dol- 
lars at  the  time  the  same  was  selected,  and  (setting 
apart  a  portion  thereof  as  a  homestead — or — that  the 
premises  cannot  be  divided  without  material  injury) 

it  is  ordered  by  the  Court  that  the day  of 

,  191 ,  be  the  day  for  hearing  any 

objections  thereto,  and  that  the  Clerk  give  notice  of 
said  hearing  by  posting  notices  thereof  not  less  than 
ten  days  prior  to  said  date,  in  three  public  places  in 
Los  Angeles  County. 

Dated ,  191 

Order  Setting  Apart  Homestead  Worth  More  Than 
$5,000  When  Selected. 

(Title.) 

It  appearing  to  the  satisfaction  of  the  Court  that 
due  and  legal  notice  has  been  given  by  the  Clerk  for 
the  time  and  in  the  manner  as  directed  by  the  Court, 
of  the  report  of  the  appraisers  herein  appraising  the 
value  of  the  homestead  of  said  decedent  at  the  time 
of  its  selection  in  his  lifetime  at  more  than  five  thou- 
sand dollars,  and  admeasuring  and  setting  apart  a  por- 
tion thereof  as  a  homestead,  and  the  widow  of  said 
decedent  having  filed  her  objections  thereto  (and  the 
said  hearing  having  been  regularly  postponed  to  this 
time),  and  the  Court  having  heard  the  said  matter  and 
confirmed  said  report  in  all  things, 

It  is  therefore  ordered  by  the  Court  that  said  report 
be  in  all  things  confirmed  and  that  the  land  so  admeas- 
ured be  and  the  same  is  set  apart  (as  a  homestead  for 

the  use  of ,  the  said  widow,  and 

that  the  same  was  community  property  and  shall  vest 

absolutely  in  the  widow)  or  (for  the  period  of 

years  from  the  date  hereof  for  the  use  of  the  said 

widow  and _ 

the  minor  children  of  said  decedent,  as  a  homestead, 
and  that  the  same  was  separate  property  and  said  de- 
ceased did  not  join  in  the  selection  thereof). 

73 


Said  portion  so  set  apart  is  described  as  follows,  to- 
wit:                               (Description.) 
Dated ,  191 

Order  to  Show  Cause — Sale  of  Mines. 

(Title.) 

It  is  ordered  by  the  Court  that  all  persons  interested 
do  appear  before  the  Superior  Court  of  Los  Angeles 
County,  State  of  California,  in  Department  2  there- 
of, on  the day  of ,  191 ,  at 

o'clock M.,  then  and  there  to  show  cause, 

if  any  they  have,  why  an  order  should  not  be  granted 

to as of  the  estate 

of  said  decedent,  authorizing  him  to  sell  the  mine,  min- 
ing interests,  shares  and  stocks  belonging  to  said  estate 

and  set  forth  in  the  petition  of for  the 

sale  thereof,  filed  herein  on  the day  of 

191 ,  and  that  a  copy  of  this  order  be  published  at 

least  four  successive  weeks  in , 

a  newspaper  printed  and  published  in  said  County  of 
Los  Angeles. 

Dated ,  191 

Order  to  Show  Cause — Sale  of  Real  Estate. 

(Title.) 

It  appearing  to  the  Court  from  the  verified  petition  of 

,  on  file  herein,  that  it  is  (necessary  or 

would  be  for  the  advantage,  benefit  and  best  interests 
of  the  estate,  and  those  interested  therein)  to  sell  the 
(whole  or  some  portion)  of  the  estate  of  said  decedent. 

It  is  ordered  by  the  Court  that  all  persons  interested 
in  the  estate  of  said  deceased,  do  appear  before  the 
Superior  Court  of  Los  Angeles  County,  State  of  Califor- 
nia, in  Department  2  thereof,  on  the day  of 

- ,  191 ,  at 

o'clock M.,  then  and  there  to  show  cause,  if  any 

they  have,  why  an  order  should  not  be  granted  to  the 

of  said  estate  for  the  sale  of  the 

real  property  belonging  to  said  estate,  as  prayed  for 
in  the  petition  by  him  hereinbefore  filed. 

And  that  a  copy  of  this  order  be  published  at  least 

four  successive  weeks  in , 

a  newspaper  printed  and  published  in  said  County  of 
Los  Angeles. 

Dated ,  191 

74 


Order  for  Sale  of  Real  Estate. 

(Title.) 

Comes  now  the of  said  estate 

by _ ,  h attorney,  and  pre- 
sents h petition  for  authority  to  sell  the  real  estate 

of  said  decedent.  And  it  being  proven  to  the  satisfac- 
tion of  the  Court  (that  due  publication  of  the  order  to 
show  cause  has  been  made  as  required  by  law  and  by 
order  of  Court),  (if  continued  and  the  hearing  having 
been  regularly  postponed  to  this  day)  the  Court  pro- 
ceeds to  the  hearing  thereof,  and  from  proofs  offered 
the  Court  finds  that  a  sale  of  the  real  property  of  said 
estate  as  prayed  for  in  said  petition  is  necessary  in 
order  to  raise  funds  to  pay  the  debts,  family  allowance 
and  expenses  of  administration  of  said  estate,  that  said 

real  estate  is  of  the  value  of  $ ,  and 

is  (unimproved  and  unproductive)  or  (in  need  of  re- 
pairs and  produces  no  income — or  other  brief  state- 
ment of  condition)  or  (will  be  for  the  advantage,  ben- 
efit and  best  interests  of  the  estate  and  those  interested 
therein)  or  (if  to  pay  a  lien  omit  all  in  parenthesis  and 
insert — is  necessary  to  pay  the  lien  thereon  described 
in  said  petition)  and  that  all  the  allegations  of  said 
petition  are  true. 

It  is  therefore  ordered  by  the  Court  that  said 

,  as of  said  estate, 

be  and  he  is  hereby  authorized  to  sell  in  manner  and 
form  required  by  law,  all  of  the  real  estate  hereinafter 
described,  at  (private  sale  or  public  auction — as  the 
case  may  be)  to  the  highest  bidder  upon  the  following 
terms,  to-wit : 

(Insert  Terms.) 
and  that  before  mak- 
ing the  sale  the  said must  give  a 

bond  in  the  form  required  by  law,  in  the  penal  sum  of 

$ The  real  estate  hereby  authorized  to 

be  sold  is  described  as  follows,  to-wit: 

Dated ,  191 

NOTE:  Under  Sec.  1544  C.  C.  P.,  upon  proper  aver- 
ment in  the  petition  for  sale,  the  Court  may  authorize 
B  sale  of  the  whole  or  any  part  of  the  real  estate  at 
public  or  private  sale,  as  the  executor  or  administrator 
shall  judge  to  be  most  beneficial  for  the  estate. 

75 


Order  for  Short  Notice — Private  Sale  of  Real  Estate. 

(Title.) 

Proceed  as  in  order  for  sale  of  real  estate  to  the 
clause  relating  to  bond,  and  following  that  insert  the 
following : 

And  that  the  time  of  notice  of  said  sale  be  shortened 
so  that  a  sale  may  be  made  on  or  after  a  day  not  less 
than  eight  days  from  the  first  publication  of  the  notice 
of  sale.  The  real  estate  hereby  authorized  to  be  sold 
is  described  as  follows,  to-wit: 

(Description.) 


Dated ,  191. 


Order  Confirming  Sale  of  Real  Estate. 

(Title.) 

Now   comes ,   the „ 

of  said  estate,  by ,  his  attor- 
ney, and  proves  to  the  satisfaction  of  the  Court  that 
his  return  of  sale  of  real  estate,  under  the  order  of  sale 
hereinbefore  made,  was  duly  filed  in  the  office  of  the 

Clerk  of  this  Court  on ,  191 , 

that  the  Clerk  thereupon  fixed  the day  of 

,  as  the  day  for  the  hearing  thereof, 

and  gave  due  notice  of  said  hearing  by  posting  notices 
in  form  and  manner  as  required  by  law  (if  continued, 
add :  and  the  hearing  having  been  regularly  postponed 
to  this  day)  and  thereupon  after  examining  the  re- 
turn and  hearing  the  evidence  the  Court  finds  there- 
from that  said  property  was  sold  to.: 

,  for  the  sum  of 

76 


in  cash,  that  being  the  highest  and  best  bid 

therefor,  that  said  sale  was  legally  made  and  fairly 
conducted;  that  notice  of  the  time,  place  and  terms  of 
said  sale  was  duly  given  in  manner  and  form  as  pre- 
scribed by  law  and  by  the  order  of  this  Court,  and 
that  said  notices  described  said  land  as  the  same  is 
hereinafter  described;  (if  at  private  sale)  that  Baid 
property  was  appraised  within  one  year  of  the  time  of 
such  sale,  and  that  the  price  obtained  at  such  sale  is 
at  least  90%  of  said  appraised  value;  that  the  price 
obtained  thereat  is  not  disproportionate  to  the  value 
of  the  property  sold ;  that  a  sum  exceeding  said  bid  at 
least  ten  per  cent,  exclusive  of  the  expense  of  a  new 
sale,  cannot  be  obtained;  and  no  person  objecting  there- 
to or  offering  a  higher  price;  that  the  said _ 

„ „ ,  in  all  things  proceeded  with  and  managed 

such  sale  as  required  by  law  in  such  cases  made  and 
provided;  and  that  all  the  allegations  of  said  return 
and  petition  are  true. 

It  is  ordered  by  the  Court  that  the  sale  of  the  real 
estate  hereinafter  described  to 

for  the  sum  of _ in  cash  payable  as  follows : 

(State  terms  of  sale.) 

be  and  the  same  is  hereby  confirmed,  and  upon  pay- 
ment of  the  price  aforesaid  said „ , 

executor  is  directed  to  execute  to  said  purchaser  a  deed 
of  conveyances  thereof.  Said  land  is  described  as  fol- 
lows, to-wit : 

(Description.) 


Dated ,  191. 


77 


Order  Confirming  Sale  of  Real  Estate  Under  Will. 

(Title.) 

Now  comes  ,  the  

of  said  estate  by  Mr _ , 

his  attorney,  and  proves  to  the  satisfaction  of  the 
Court  that  his  return  of  sale  of  real  estate  made  under 
the  authority  given  in  the  will  of  said  deceased  was  filed 

in  the  office  of  the  Clerk  of  this  Court  on 

191 ;  that  the  Clerk  thereupon  fixed  the 

day  of ,  191 ,  as  the  day  for  the 

hearing  thereof,  and  gave  due  notice  of  said  hearing 
by  posting  notices  in  form  and  manner  as  required  by 
law:  (If  continued  add — and  the  hearing  having  been 
regularly  postponed  to  this  day,)  and  thereupon,  after 
examining  the  return  and  hearing  the  evidence,  the 
Court  finds  therefrom  that  said  property  was  sold  to 

: for  th  e   sum  of in 

cash,  that  being  the  highest  and  best  bid  therefor ;  that 
said  sale  was  legally  made  and  fairly  conducted  and 
in  all  respects  according  to  the  directions  given  in  the 
said  will  as  to  the  mode  of  selling  the  same,  (if  at  pri- 
vate sale).  That  said  property  was  appraised  within 
one  year  at  the  time  of  such  sale,  and  that  the  price 
obtained  at  such  sale  is  at  least  90%  of  said  appraised 
value ;  that  the  price  obtained  is  not  disproportionate 
to  the  value  of  the  property  sold  and  that  a  sum  ex- 
ceeding said  bid  at  least  ten  per  cent,  exclusive  of  the 
expense  of  a  new  sale  cannot  be  obtained;  and  no 
person   objecting  thereto   or   offering  a  higher  price; 

that  the  said in  all  things  proceeded 

with  and  managed  such  sale  as  required  by  law  in 
such  cases  made  and  provided,  and  that  all  the  allega- 
tions of  said  return  and  petition  are  true: 

It  is  ordered  by  the  Court  that  the  sale  so  made  of 

the  real  estate  hereinafter  described,  to 

,  for  the  sum  of  $ ,  (in  cash,  or 

payable  as  follows:  State  terms.)  be  and  the  same  is 
hereby  confirmed,  and  that  upon  payment  of  the  price 
aforesaid,  the  said  executor  execute  to  said  purchaser 
a  deed  of  conveyance  thereof  : 

Said  land  is  described  as  follows: 

(Description.) 

Dated ,  191 

78 


Order  Confirming  Sale  of  Real  Estate  on  Bid  in  Open 

Court. 

(Title.) 

Now  comes ,  the 

of  said  estate  by ,  his  attorney, 

and  proves  to  the  satisfaction  of  the  Court  that  his 
return  of  sale  of  real  estate  under  the  order  of  sale 
heretofore   made   was   duly  filed  in  the   office   of  the 

Clerk  of  this  Court  on ,  191 ; 

that  thereupon  the  Clerk  fixed  the day  of 

,  191 ,  as  the  day  for  hearing 

thereof,  and  gave  due  notice  of  said  hearing  by  post- 
ing notices  in  form  and  manner  as  required  by  law, 
and  (if  continued  add — the  hearing  having  been  reg- 
ularly postponed  to  this  day,)  thereupon  the  Court, 
after  examining  the  return  and  hearing  the  evidence 
finds  that  notice  of  the  time,  place  and  terms  of  said  sale 
was  duly  given  in  manner  and  form  as  prescribed  by 
law  and  by  the  order  of  this  Court,  and  that  said  no- 
tices described  said  land  as  the  same  is  hereinafter  de- 
scribed (if  at  private  sale),  that  said  property  was  ap- 
praised within  one  year  of  the  time  of  such  sale  and 
that  the  price  obtained  at  such  sale  is  at  least  90%  of 
said  appraised  value,  and  that  said  sale  was  legally 
made  and  fairly  conducted,  and  thereupon  in  open  court 


in  writing  offered  the  sum  of  $ for  said  land 

upon  the  terms  prescribed  in  the  order  of  sale,  and  he 
being  a  responsible  person,  the  Court  accepted  said 
offer  and  confirmed  said  sale  to  him  accordingly. 

It  is  therefore  ordered  by  the  Court  that  the  sale  of 

said  land  so  made  in  open  court  to  said 

for  the  sum  of  $ payable  as  fol- 
lows, to-wit :  (insert  terms)  be  and  the  same  is  hereby 
confirmed,  and  upon  payment  of  the  price  and  com- 
pliance with  the  terms  of  sale  as  aforesaid  by  said  pur- 
chaser, the  said as 

of  said  estate  is  directed  to  execute  to  said  purchaser 
a  deed  of  conveyance  of  said  land,  which  is  described 
as  follows,  to-wit : 

(Description.) 


Dated ,  191. 

79 


Order  to  Show  Cause  on  Petition  to  Mortgage. 

(Title) 

It  is  ordered  by  the  Court  that  all  persons  interested 
in  the  estate  of ,  deceased,  do  ap- 
pear before  the  Superior  Court  of  Los  Angeles  County, 
State    of    California,    in    Department    2    thereof,    on 

the day  of ,  191 ,  at. 

o'clock  M.,  then  and  there  to  show  cause,  if  any 

they  have,  why  the  real  estate  described  below  should 

not  be  mortgaged  for  the  sum  of  $ as  prayed 

for  in  the  petition  of ,  the 

of  said _ this  day  filed,  or 

such  lesser  amount  as  to  the  Court  shall  seem  meet. 
Reference  is  made  to  said  petition  for  further  partic- 
ulars. And  that  a  copy  of  this  order  be  published  at 
least  four  successive  weeks  in  a  newspaper  of  general 
circulation  published  in  said  County  of  Los  Angeles. 
Said  real  estate  is  described  as  follows,  to-wit: 

(Description.) 


Dated ,  191. 


80 


Order  Authorizing  Mortgage. 

(Title.) 
Comes  now ,   the.. 


of  said ,  by ,  his 

attorney,  and  presents  h petition  for  authority  to 

mortgage  the  real  estate  of  said , 

and  proves  to  the  satisfaction  of  the  Court  that  the 
order  herein  made  requiring  all  persons  interested  to 
show  cause  why  said  real  estate  should  not  be  mort- 
gaged, was  duly  published  four  successive  weeks  be- 
fore the  time  appointed  for  this  hearing  in  a  newspaper 
of  general  circulation,  published  in  said  County,  (If 
continued  add — and  the  hearing  having  been  regularly 
postponed  to  this  time),  the  Court  thereupon  proceeds 

to  hear  the  said  petition  (and  the  objections  of __. 

thereto)  and  after  hearing  the  evidence 

the  Court  being  satisfied  that  the  same  is  for  the  ad- 
vantage of  said  estate,  grants  said  petition,  as  follows, 
to- wit : 

It  is  therefore  ordered  by  the  Court  that  said 

,  as „ of  the  estate  of 

said  (decedent  or  minor)  be  and  he  is  hereby  author- 
ized to  borrow  the  sum  of  $ and  to  execute 

_ promissory  note  therefor,  and  a  mortgage 

in  form  as  mentioned  in  said  petition  to  secure  the 
payment  thereof  on  the  property  hereinafter  described, 

said  notes  to  be  payable from  date  in 

„ of  the  United  States,  and  to  bear  in- 
terest from  date  not  exceeding per  cent,  per  an- 
num, and  attorney's  fees  not  exceeding — per  cent. 

on  principal,  if  suit  is  brought  to  foreclose  said  mort- 
gage, and  the  buildings  on  said  property  shall  be  in- 
sured for  the  further  security  of  the  lender  (and  the 
said  interest  to  be  paid  solely  out  of  the  income  of  said 
property).    The  property  to  be  mortgaged  is  situated 

in County,  State  of  California,  and  is 

described  as  follows,  to-wit: 

Dated ,  191 


81 


Order  to  Show  Cause  Why  Lease  Should  Not  Be  Made. 

(Title) 

It  is  ordered  by  the  Court  that  all  persons  interested 

in  the  estate  of do  appear  before 

the  Superior  Court  of  Los  Angeles  County,  State  of 
California,  in  Department  2  thereof,  at  the  court  house 

in  said  county,  on  the day  of , 

191 ,   at o'clock M.,  then  and  there  to 

show  cause,  if  any  they  have,  why  the  real  estate  de- 
scribed below  should  not  be  leased  by  the 

of  said  estate  for  the  period  of at  a  rental 

of dollars  per ,  payable 

upon  the  terms  and  conditions  men- 
tioned in  the  petition  of  said filed 

herein  on ,  191 ,  to  which  peti- 
tion reference  is  made  for  further  particulars. 

And  that  a  copy  of  this  order  be  published  at  least 
two  successive  weeks  in  a  newspaper  of  general  cir- 
culation published  in  said  County  of  Los  Angeles. 

Said  real  estate  is  described  as  follows,  to-wit : 

(Description.) 


Dated ,  191. 


Order  for  Notice  of  Hearing  of  Petition  for  Conveyance. 

(Title.) 

having  filed  herein  his  veri- 
fied petition  praying  for  an  order  directing  the 

of  the   estate   of ,   de- 
ceased, to execute  a  conveyance  of 

certain  real  estate; 

It  is  hereby  ordered  that  the  hearing  of  said  peti- 
tion be  had  at  the  court  room  of  Department  2  of  this 

Court  on  the day  of ,  191 , 

and  that  notice  thereof  be  served  on  the 

of  said  estate  at  least  five  days  before  said  time  of 
hearing  and  be  published  in  the  newspaper  known  as 

_ at  least  four  successive  weeks  before 

said  time  of  hearing. 

Dated ,  191 

82 


Order  Authorizing1  Lease. 

(Title) 

Comes  now ,  the 

of  said by „ , 

h „  attorney,  and  presents  h petition  for  author- 
ity to  lease  certain  real  estate  of  said , 

and  proves  to  the  satisfaction  of  the  Court  that  the 
order  herein  made  requiring  all  persons  interested  to 
show  cause  why  said  real  estate  should  not  be  leased 
was  duly  published  in  a  newspaper  of  general  circu- 
lation in  this  county  for  two  successive  weeks  before 
the  time  appointed  therein  for  this  hearing  (if  contin- 
ued add — and  the  hearing  having  been  regularly  post- 
poned to  this  time)    (and having 

appeared  and  filed  objections  to  granting  said  petition) 
the  Court  thereupon  proceeds  to  the  hearing  of  said 
petition and  after  hearing  the  evi- 
dence the  Court  being  satisfied  that  the  same  is  for  the 
advantage  of  the  estate  grants  said  petition  as  follows, 
to- wit : 

It  is  ordered  by  the  Court  that , 

as of  the  estate  of , 

be  authorized,  empowered  and  directed  to  make  a  lease 
of  the  land  herein  described  for  a  period  not  less  than 

nor   more   than at   a 

rental  of  not  less  than per nor 

more  than per an d  upon  the 

terms  and  conditions  following,  to-wit :  (State  other 
terms  and  conditions  if  any.) 

Said  real  property  is  described  as  follows,  to-wit : 

(Description.) 


Dated 191. 


83 


Order  for  Conveyance  of  Land  Sold  by  Decedent. 

(Title) 

Now   comes ,   the  petitioner 

herein,  by ,  his  attorney,  and 

proves  to  the  satisfaction  of  the  Court  that  notice  of 
the  time  and  place  of  the  hearing  of  this  petition  here- 
in was  (duly  served  on _ ,  the 

„ of  said  estate,  as  required  by  law 

and  by  order  of  the  Court,  and  was)  duly  published  in 

the - ,  a  newspaper  of  general 

circulation,  published  in  the  County  of  Los  Angeles, 
at  least  four  successive  weeks  before  the  time  fixed 

for  said  hearing,  and  said also 

appearing  by ,  his  attorney,  and 

after  hearing  the  evidence,  the  Court  being  satisfied 
that  the  deceased  was  bound  by  a  contract  in  writing 

to  convey  the  property  hereinafter  described  to — 

,  and  died  before  making  such  con- 
veyance, that  said  petitioner  is  entitled  to  a  convey- 
ance as  prayed  for  in  his  petition : 

It  is  therefore   ordered,   adjudged  and  decreed  by 

the  Court  that  the  said . as — 

of  the  estate  of .". ,  de- 
ceased, be  and  he  is  hereby  authorized  and  directed 

forthwith  to  execute  as  such a  deed 

of  conveyance  to  said for  the 

land  described  as  follows,  to-wit: 

(Description.) 


Dated ,  191.. 


84 


(Conditional)  Order  for  Conveyance  of  Land  Sold  by 

Decedent. 

(Title) 

Now   comes ,   the  petitioner 

herein,  by _ _ ,  attorney,  and 

proves  to  the  satisfaction  of  the  Court  that  notice  of 
the  time  and  place  of  hearing  his  petition  herein  was 

(duly  served  on ,  the of  said  estate, 

as  required  by  law  and  by  the  order  of  Court  and  was) 

duly  published  in  the  newspaper  known  as 

,  a  newspaper  of  general  circulation  pub- 
lished in  the  County  of  Los  Angeles,  that  said  publica- 
tion was  made  for  four  successive  weeks  before  the 
time  appointed  by  the  Court  for  said  hearing,    (and 

said also  appears  by , 

his  attorney,)  and  after  hearing  the  evidence,  the  Court 
being  satisfied  that  the  decedent  was  bound  by  a  con- 
tract in   writing  to   convey  the   property  hereinafter 

described  to ,  and  died  before 

making  such  conveyance,  that  said  petitioner  is  en- 
titled to  a  conveyance  upon  the  conditions  hereinafter 
stated. 

It  is  therefore  ordered,  adjudged  and  decreed  by  the 

Court  that  the  said as 

of  the  estate  of ,  de- 
ceased, be  authorized  and  directed  to  execute  as  such 

a  deed  of  conveyance  to  said 

„ for  the  land  described  as  follows  to-wit : 

(Description.) 


It  is  further  ordered  that  said  deed  be  delivered  to 

said „ only  upon  the  payment  by 

him  to  said of  the  sum  of  $ , 

the  said  payment  and  delivery  to  be  concurrent.    (In- 
sert other  conditions,  if  any  remain  unperformed.) 

Dated ,  191 


85 


Order  Confirming  Sale  of  Contract  to  Purchase  Land. 

(Title.) 

Proceed  as  in  sale  of  land  down  to  beginning  of  or- 
der and  there  insert  as  follows : 

And  the  said  purchaser  having  executed  a  bond  to 

the  said _ as of 

said  estate  for  the  benefit  and  indemnity  of  said 

and  of  the  persons  entitled  to  the  in- 
terest of  the  decedent  in  the  land  so  contracted  for, 

in  the  sum  of  $ ,  the  same  being  double  the 

whole  amount  of  payments  hereafter  to  become  due 
on  said  contract,  and  conditioned  as  required  by  law, 
and  the  Court  having  approved  said  bond  and  the  sure- 
ties thereon,  the  said  sale  is  now  confirmed. 

It  is  therefore  ordered  by  the  Court  that  said  sale 

so  made  to for  the  sum  of  $ 

of  the  contract  of  purchase  possessed  by  said  decedent 
hereinafter  described,  be  in  all  things  confirmed  and 

that  upon  payment  of  said  price  the  said 

shall  execute  to  said  purchaser  an  assignment  of  said 
contract,  the  same  being  described  as  follows,  to-wit : 

(Insert  description  of  contract  according  to  legal 
effect,  giving  times  of  payment,  amounts  of  each,  etc., 
etc.    Description  of  land.) 

Dated ,  191 

Order  for  Partial  Distribution  When  the  Time  to  File 
Claims  Has  Not  Expired. 

(Title) 

Now   comes ,   the   petitioner 

herein,  by ,   h attorney,   and 

shows  to  the  Court  that  h petition  for  partial  dis- 
tribution herein  was  filed  on  the day  of 

,  191 ,  and  that  on  the  same  day  the  Clerk 

appointed  the day  of ,  191 , 

as  the  day  for  the  hearing  thereof,  and  that  notice  of 
the  time  and  place  of  said  hearing  has  been  duly  given 
as  required  by  law,  and  (If  continued  add — said  hear- 
ing having  been  regularly  postponed  to  the  present 
time,)  the  said  petition  is  now  presented  to  the  Court 
and    (no   person   appearing  to    contest   the   same)    or 

86 


( having    appeared   by 

,  his  attorney,  and  filed  objections  and  ex- 
ceptions to  said  petition,)  the  Court,  after  hearing  the 
evidence,  grants  said  petition  as  follows,  to-wit : 

It  is  ordered  by  the  Court  that  the  said 

before  receiving  h interest  or  any  por- 
tion thereof,  shall  each  execute  and  deliver  to  the 

of  said  estate  a  bond  in  the  penal  sum 

of  $ ,  to  be  approved  by  the  Court  or  judge, 

payable  to  the  executor  or  administrator,  and  condi- 
tioned for  the  payment,  whenever  required,  h 

proportion  of  the  debts  due  from  said  estate,  not  ex- 
ceeding the  value  of  the  portion  thereof  to  which  he 

or  she  is  entitled ;  and  that  the  said 

as of  said   estate   deliver  to   the   said 

person  so  executing  said  bond  the  portion  of  said  es- 
tate as  follows,  to-wit: 

To  the  said upon  the  giving  by  him 

of  the  bond  required  as  aforesaid;  the  following  por- 
tion thereof. 

To  the  said upon  the  giving  by 

him  of  the  bond  required  as  aforesaid,  the  following 
portion  thereof. 

Dated ,  191 

NOTE — Court  has  no  power  to  order  partial  distri- 
bution upon  petition  of  administrator  or  executor. 

Order  for  Partial  Distribution  Without  Bond. 

(Title) 

Now   comes ,  the   petitioner 

herein,   by ,  h attorney,   and 

shows  to  the  Court  that  h petition  for  partial  dis- 
tribution herein  was  filed  on  the day  of 

,  191 ,  and  that  on  the  same  day  the 

Clerk  appointed  the day  of , 

191 ,  as  the  day  for  the  hearing  thereof,  and  that 

notice  of  the  time  and  place  of  said  hearing  has  been 
duly  given  as  required  by  law,  and  (If  continued  add 
— said  hearing  having  been  regularly  postponed  to  tin' 
present  time,)  the  said  petition  is  now  presented  to 
the  Court  and  (no  person  appearing  to  contest  the 
same,)  or  ( having  appeared  by 

87 


,  h attorney,  and  filed  ob- 
jections and  exceptions  to  said  petition)  the  Court, 
after  hearing  the  evidence,  grants  said  petition  as  fol- 
lows, to-wit: 

It  is  ordered  by  the  Court  that  the  giving  of  any 

bond  by  the  said before  receiving 

h share  of  said  estate  be  dispensed  with  and  that 

the  said as  the 

of  said  estate  forthwith  deliver  to  said 

as  (the  whole  of)  or  (a  part  of)  h share 

of  said  estate  the  following  described  property,  to-wit : 

(Description.) 


and  that  he  shall  also  deliver  to  the  said 

as  the of  h share  of 

said  estate,  the  following  described  property,  to-wit: 

(Description.) 


Dated ,  191. 


Order  Establishing  Service  of  Notice — To  Determine 

Heirship. 

(Title) 

Upon  motion  of ,  the  petitioner 

herein,  by ,  his  attorney,  and  due 

proof  of  service  having  been  made,  it  is  adjudged  and 
decreed  by  the  Court  that  due  service  of  the  notice 
and  order  to  show  cause  issued  upon  the  filing  of  the 

petition  of _ for  the  ascertainment 

of  the  rights  of  the  persons  interested  in  said  estate 
has  been  made  as  required  by  law  and  by  the  order 
of  the  Court  by  the  persons  named  in  the  said  order. 

Dated ,  191 


88 


Order  Appointing  Appraisers  and  Collateral  Inherit- 
ance Appraiser. 

(Title) 

Good  cause  appearing  therefor,  it  is  hereby  ordered 
that   

three  disinterested  persons,  competent  and  capable  to 
act,  be  and  they  hereby  are  appointed  appraisers  to 
appraise  the  estate  of~ ,  deceased. 

And  good  cause  appearing  therefor,  it  is  further  or- 
dered that  said - ,  a  duly  appoint- 
ed, qualified  and  acting  Inheritance  Tax  Appraiser  in 
and  for  the  County  above  named,  be  and  he  hereby  is 
appointed  and  directed  to  fix  the  clear  market  value 
of  the  property  of  said  estate  at  the  date  of  the  death 
of  said  decedent,  and  to  appraise  all  interests,  inherit- 
ances, transfer  and  property  in  said  estate  subject  to 
the  payment  of  inheritance  tax  under  the  laws  of  the 
State  of  California. 

Dated ,  191 

Judge  of  the  Superior  Court. 


Order  Fixing  Collateral  Inheritance  Tax. 

(Title) 

Upon  the  report  of  the  appraiser  herein  appointed 
it  is  ordered  by  the  Court  that  the  value  of  the  prop- 
erty of  said  estate  to  be  received  on  distribution  and 
the  tax  to  be  paid  thereon  by  the  following  named  per- 
sons, respectively,  is  as  follows,  to-wit :  

value 

$ ;  tax  due  $ ,  etc.,  and  that  the 

of  said  estate  forthwith  give  notice 

of  the  substance  of  this  order  to  each  of  said  persons, 
by  written  notice  sent  by  mail  to  the  respective  ad- 
dress of  each  person  whose  address  is  known  to  him 
or  to  the  attorneys  of  such  as  have  appeared  herein. 

Dated ,  191 

89 


Order  Settling  Final  Account  and  for  Distribution. 

(Title) 

Now  comes ,  the  

of  said  estate  by ,  his  attorney, 

and  proves  to  the  satisfaction  of  the  Court  that  his 
final  account  and  petition  for  distribution  herein  was 

rendered  and  filed  on  the day  of , 

191 ;  that  on  the  same  day  the  Clerk  of  this  Court 

appointed  the day  of ,  191 , 

for  the  settlement  and  hearing  thereof;  that  due  and 
legal  notice  of  the  time  and  place  of  said  settlement 
and  hearing  has  been  given  as  required  by  law ;  (If 
continued  add — and  the  same  having  been  by  the  Court 
regularly  postponed  to  the  present  time)  and  said 
account  and  petition  are  now  presented  to  the  Court, 
and  no  person  appearing  to  except  to  or  contest  said 
account  or  petition,  the  Court  after  hearing  the  evi- 
dence settles  said  account  and  orders  distribution  of 
said  estate  as  follows : 

It  is  ordered,  adjudged  and  decreed  by  the  Court 
that  said has  in  his  possession  be- 
longing to  said  estate,  after  deducting  the  credits  to 

which  he  is  entitled,  a  balance  of  $ _ ,.of  which 

$ is  in  cash,  and  the  remainder  consists  of 

the  property  hereinafter  described  at  the  value  of  the 
appraisement  that  said  account  be  allowed  and  settled 
accordingly;  that  said  deceased  left  surviving  as  his 
only  heirs  at  law  certain  persons  whose  names  and  re- 
lationship to  the  deceased  are  as  follows,  to  -wit : 


that  out  of  the  residue  of  cash  in hands  said 

pay  $ hereby  allowed 

as  attorneys '  fees,  and  retain as com- 
mission allowed  by  law  for  his  services,  and  that  the 

balance  of  cash  in hands,  and  all  the  residue  of  the 

property  of  said  estate  as  hereinafter  described  and  all 
other  property  belonging  to  said  estate,  whether  de- 
scribed herein   or  not,   be   distributed   as   follows:   to 

one part 

thereof,  etc. 


90 


The  property  of  said   estate  hereby  distributed  so 
far  as  the  same  is  known  is  described  as  follows : 

1.     Balance  of  cash  as  aforesaid 

2 


Dated ,  191. 


Order  Settling-  Final  Account  and  for  Distribution 

Under  Will. 

(Title) 

Now  comes ,  the 

of  said  estate,  by - _ ,  h attorney, 

and  proves  to  the  satisfaction  of  the  Court  that 

final  account  and  petition  for  distribution  herein  was 

rendered  and  filed  on  the day  of , 

191 ;  that  on  the  same  day  the  Clerk  of  this  Court 

appointed  the day  of ,  191 , 

for  the  settlement  and  hearing  thereof;  that  due  and 
legal  notice  of  the  time  and  place  of  said  settlement 
and  hearing  has  been  given  as  required  by  law;  (if 
continued  add — and  the  same  having  been  by  the  Court 
regularly  postponed  to  the  present  time)  and  the  said 
account  and  petition  are  now  presented  to  the  Court ; 
and  no  person  appearing  to  except  to  or  contest  said 
account  or  petition,  the  Court,  after  hearing  the  evi- 
dence, settles  said  account  and  orders  distribution  of 
said  estate  as  follows : 

It  is  ordered,  adjudged  and  decreed  by  the  Court 
thai  said has  in possession  be- 
longing to  said  estate,  after  deducting  the  credits  t<> 

which is  entitled,  a  balance  of  $ of  which 

$ is  in  cash,  and  the  remainder  consists  of 

the  property  hereinafter  described  at  the  value  of  the 
appraisement,  and  that  said  account  be  allowed  and 
settled  accordingly;  and  that  in  pursuance  of,  and  ac- 
cording to  the  provisions  of  the  last  will  of  said  de- 
cedent the  said  property  and  all  other  property  be- 
longing to  said  estate,  whether  described  herein  or  not, 
is  distributed  as  follows,  to-wit: 

Dated ,  191 

91 


Order  for  Notice  of  Application  for  Partition  on 

Distribution. 

(Title) 

A  petition  having  been  filed  herein  by 

,  as of  said  deceased 

praying  for  the  partition  of  all  that  portion  of  the  said 
estate  which  may  be  assigned  by  the  decree  of  distri- 
bution herein,  in  common  and  undivided  to  (give 
names)  ;  it  is  ordered  by  the  Court  that  public  notice 
of  the  time  and  place  of  hearing  said  petition,  to  the 
persons  to  whom  by  law  notice  is  required,  be  given 
by  posting  notices  thereof  in  at  least  three  public 
places  in  the  County  of  Los  Angeles,  State  of  Calfornia, 

for  at  least  ten  days  before ,  191 , 

the  time  appointed  for  said  hearing. 

Dated ,  191 

Note — Petition  for  this  order  cannot  be  filed  by  an 
executor  or  administrator. 

Order  must  be  entered  and  notice  given  before  dis- 
tribution. 

Order  Appointing  Commissioners  to  Make  Partition. 

(Title) 

Come now ,  the  petitioners  ap- 
plying for  partition  herein,  by , 

h attorney ,  and  prove to  the  satisfaction  of  the 

Court  that  due  and  legal  notice  of  the  said  petition 
and  of  the  time  and  place  of  hearing  the  same  has  been 
given  as  required  by  law  and  by  the  order  of  the  Court, 
and  the  same  now  coming  regularly  on  for  hearing, 
upon  the  said  petition  and  the  records  and  files  herein, 

(if  any  contest  is  made  add — and 

also  appearing  by ,  h attor- 
ney  in  opposition  thereto,  and  the  issues  being  joined) 

and  it  further  appearing  that  an  order  and  decree  of 
distribution  of  said  estate  has  been  duly  made  herein, 
the  Court,  after  hearing  the  evidence,  finds  that  parti- 
tion ought  to  be  made  herein  as  hereinafter  set  forth : 

It  is  therefore  ordered  by  the  Court  (that 

and ! be  appointed  commissioners 

herein)  or  (if  but  one  is  appointed,  thus — the  parties 
having  consented  to  the  appointment  of  only  one  com- 
missioner, that - be  appointed  com- 
missioner herein),  and  that  as  such  commissioner 

92 


h proceed  after  giving  notice  as  required  by  law 

to  make  partition  and  division  of  the  property  here- 
inafter described,  and  segregate  and  set  off  the  same 

in  severalty  as  follows,  to-wit :    To _... 

the  equivalent  of  an  undivided part 

thereof ;  to the   equivalent  of  an 

undivided part  thereof,  etc.,  and  that 

the  part  allotted  to  each  be  ascertained,  marked  and 
described  so  that  the  same  can  be  easily  distinguished, 
and  that  the  partition  so  made  be  forthwith  reported 
to  this  Court : 

The  property  to  be  so  partitioned  is  described  as  fol- 
lows, to-wit : 

(Description.) 

Dated ,  191 

Order  to  Show  Cause,  Under  Sec.  1469  C.  C.  P. 

(Title.) 

It  is  ordered  that  all  persons  interested  in  the  estate 
of - „ ,  deceased,  do  appear  in  the  Su- 
perior Court  of  Los  Angeles  County,  State  of  California, 

in  Department  2  thereof,  on day,  the 

day  of ,  191 ,  at  10  o'clock  A.  M., 

then  and  there  to  show  cause,  if  any  they  have,  why 
the  whole  of  the  estate  of  said  deceased  should  not 

be  assigned  for  the  use  and  support  of 

,  the of  said  deceased. 

Dated ,  191 

Order  Accepting  Resignation  of  Testamentary  Trustee. 

(Title) 

The  declination  in  writing  of , 

who  was  named  in  the  will  of  said  deceased  as  trustee 
of  certain  property  therein  disposed  of,  having  been 

filed  herein  on  the day  of , 

191 ,  and  the  Clerk  having  thereupon  fixed  the 

day  of ,  191 ,  as  the  time  for  hear- 
ing said  resignation,  and  having  given  notice  of  said 
hearing  as  required  by  law  (and  the  hearing  having 
been  regularly  postponed  to  this  date)  the  Court  now 
accepts  said  resignation. 

It  is  therefore  ordered  by  the  Court  that  the  resig- 
nation of as  trustee  of  certain 

property  under  the  will  of  said  deceased  be  accepted. 

Dated ,  191 

93 


Order  Appointing  Trustee. 

(Title) 

Now  comes ,  a  person  interest- 
ed in  the  trust  created  by  the  last  will  of  said  deceased, 

and  shows  to  the  Court  that  on  the day  of 

,  191 ,  he  filed  h application 

for  the  appointment  of (or  some 

other  person)    as  trustee  herein,   and  that  thereupon 

the  Clerk  appointed  the day  of ., 

191 ,  as  the  day  for  hearing  said  application,  and 

that  due  notice  of  said  hearing  has  been  given  to  all 
parties  interested  in  said  trust  as  required  by  law,  and 
by  the  order  of  the  Court  (and  said  hearing  having 
been  regularly  postponed  to  this  time),  and  the  Court 
being  satisfied  that  the  law  requires,  and  that  in  order 
to  carry  out  said  trust  it  is  necessary,  that  a  trustee  be 
appointed, 

It  is  therefore  ordered  by  the  Court  that 

be  appointed  as  trustee  under  the  will 

of  said  deceased,  to  fill  the  vacancy  in  said  trusteeship 
caused  by  the  (death)   or  (removal  from  the  State  of 

California)   or  (resignation)   of , 

the  person  named  as  such  trustee  in  said  will  (or — by 
the  failure  of  said  testator  in  said  will  to  appoint  any 
person  as  trustee  to  carry  out  said  trust)  that  before 
acting  as  trustee  he  shall  give  a  bond  in  the  sum  of 

dollars,  in  form  as  required  by  law, 

and  that  thereupon  he  shall  have  power  as  such  trus- 
tee to  (Insert  the  powers  as  stated  in  the  will  or  de- 
cree of  distribution). 

Dated ,  191 


94 


Order  Fixing  Time  of  Hearing  and  Directing  Notice  to 
Be  Given  Under  Section  1723  C.  C.  P. 

(Title.) 

It  appearing  to  the  court  that 

has  heretofore  filed  his  verified  petition  in  the  above 
entitled  matter,  it  is  ordered  by  the  Court  that  the 
hearing  of  said  petition  be,  and  the  same  is  hereby- 
set  for the day  of ,  191 ,  at 

the  hour  of  10  o'clock  A.  M.  in  Department  2  of  said 
Superior  Court,  and  that  notice  of  the  pendency  and 
hearing  of  said  petition  be  given  by  posting  notice  for 
at  least  ten  days  before  the  hearing  in  at  least  three 
public  places  in  said  County  of  Los  Angeles,  California, 
one  of  which  must  be  at  the  place  where  the  Court  is 
held,  which  notice  must  contain  the  name  of  the  de- 
cedent, the  name  of  the  applicant,  the  description  of 
the  property,  the  date  and  the  Book  and  page  of  the 
record  of  the  instrument  under  which  relief  is  sought. 

Dated ,  191 

Judge  of  the  Superior  Court. 


Decree  Under  Section  1723  C.  C.  P.  Declaring  Home- 
stead Vested  in  Survivor. 

(Title) 

(Proceed  as  in  case  of  an  ''Order  Declaring  Life  Es- 
tate Terminated,"  to  the  words  "It  is  therefore  or- 
dered," etc.,  and  then  as  follows:) 

It  is  therefore  ordered,  adjudged  and  decreed  by  the 

Court  that  the  said died   on  the 

clay  of ,   191 ;  that  at  the 

time  of  h death he  was  the  (husband  or  wife)  of 


Dated 191. 

95 


Decree  Under  Section  1723  C.  C.  P.  Terminating  Life 

Estate. 

(Title) 

Now  comes „ ,  the  petitioner 

herein,  by ,  his  attorney,  and 

proves  to  the  satisfaction  of  the  Court  that  he  filed 

his  verified  petition  herein  on  the day  of. , 

191 ;  that  thereupon  the  Court  by  order  prescribed 

the  notice  to  be  given  of  the  pendency  and  hearing 
thereof,  and  that  in  compliance  with  said  order,  notice 
of  the  pendency  and  hearing  of  said  petition  was  duly 
given  by  (insert  manner  of  notice  as  prescribed  in 
order  therefor  and  as  proved)  and  the  time  of  notice 
prescribed  having  elapsed,  and  no  person  having  ap- 
peared to  contest  or  oppose  said  petition,  the  Court, 
after  hearing  the  evidence,  finds  that  the  allegations 
of  said  petition  are  true  and  that  the  prayer  thereof 
ought  to  be  granted. 

It  is  therefore  ordered,  adjudged  and  decreed  by  the 

Court  that  the  said died  on  the 

day  of. ,   191 ,   and  that 

h life  estate,  right,  title  and  interest  in  the  land 

hereinafter  described  has,  by  reason  of  h death, 

absolutely  terminated,  that  neither  the  heirs  at  law 
of  said  deceased,  namely  (give  the  names)  nor  any 
other  person  interested  in  the  estate  of  said  deceased 
received  or  became  vested  of,  by  descent,  succession 

or  otherwise,  from  said  deceased  at  h death,  any 

right,  title,  interest  or  estate  in  said  land. 

The  said  land  is  situated  in  Los  Angeles  County, 
State  of  California,  and  is  described  as  follows,  to-wit : 

(Description.) 


Dated ,  191 . 


96 


Decree*  Under  Section  1723  C.  C.  P.  Terminating  Joint 

Tenancy. 

(Title.) 

Comes  now ,  the  petitioner  here- 
in, by ,  his  Attorneys,  and  proves 

to  the  satisfaction  of  the  Court  that  he  filed  his  veri- 
fied petition  herein  on  the day  of , 

191 ,  that  thereupon  the  Court,  by  its  order  duly  en- 
tered, prescribed  the  notice  to  be  given  to  the  pendency 
and  hearing  thereof,  and  in  compliance  with  said  order 
notice  of  pendency  and  hearing  of  said  petition  was 
duly  given  by  posting  notice  for  a  period  of  at  least  ten 
days  before  the  hearing  in  at  least  three  public  places 
in  the  County  of  Los  Angeles,  State  of  California,  one  of 
which  was  at  the  place  where  the  Court  is  held,  which 
said  notice  contained  the  name  of  the  decedent,  the 
name  of  the  applicant,  the  description  of  the  property, 
the  date  and  the  book  and  page  of  record  of  the  instru- 
ment under  which  relief  is  sought,  and  the  date  of  the 
hearing  of  said  petition,  as  required  by  said  order  and 
the  rules  of  the  Court,  and  the  time  of  the  notice  pre- 
scribed having  elapsed,  and  no  person  having  appeared 
to  contest  or  oppose  said  petition,  oral  and  documen- 
tary evidence  having  been  introduced,  the  Court,  after 
hearing  the  evidence,  finds  that  all  of  the  allegations 
of  said  petition  are  true,  and  that  the  prayer  thereof 
ought  to  be  granted : 

It  is  therefore  ordered,  adjudged  and  decreed  by  the 

Court  that  said > 

died  on  the day  of ,  191 


Done  in  open  Court  this day  of.. 

191 


Judge  of  the  Superior  Court. 


97 


Order  Prescribing  Notice  of  Hearing  Petition  to  Be 

Appointed  Guardian  of  Minors. 

(Title) 

It  is  ordered  by  the  Court  that  notice  of  the  time 

and  place  of  hearing  the  petition  of 

for  the  appointment  of as  guard- 
ian of  the  persons  and  estates  of 

minor  child of ,  be  given  to 

,  who  has  custody  of  said  minor , 

and  to _ ,  relatives 

of  said  minor ,  by  notice  served  personally  upon  said 

persons   at  least days  before  the  time   of 

such  hearing,  which  hearing  is  now  set  down  for 

,  191 ,  at  o'clock,  M.,  in  De- 
partment 2  of  this  Court. 

Dated 191 


Order  Appointing  Guardian. 

(Title) 

The  petition  of for  the  ap- 
pointment of as  the   guardian  of 

the  persons  and  estates  of 

coming  on  reg- 
ularly this  day  to  be  heard,  and  it  appearing  that  no- 
tice of  said  hearing  has  been  duly  given  as  directed  by 
the  Court,  and  required  by  law,  the  Court,  after  hear- 
ing the  evidence,  grants  said  petition. 

It  is  therefore  ordered  by  the  Court  that 

be  appointed  guardian  of  the  person 

and  estate of  the  said ,  and 

that  letters  of  guardianship  be  issued  accordingly  upon 

his  giving  bond  to  each  of  said 

in  the  sum  of dollars,  and  taking 

the  oath  as  required  by  law. 

Dated ,  191 


98 


Order  for  Notice  of  Hearing  Petition  for  Guardianship 

Incompetent  Person. 

(Title.) 

It  having  been  represented  to  the  Court  by  the  vej-i- 

fied  petition  of ,  a 

of  the  above  named , 

that  the  said is  (insane  and)  men- 
tally incompetent  to  manage  his  property, 

It  is  ordered  by  the  Court  that  a  hearing  of  the  said 
petition  be  had  at  the  court  room  of  Department  2  of 

this  Court  on  the dav  of , 

191 ,  at  10  A.  M.,  and  that  notice  of  the  time  and 

place  of  said  hearing,  and  of  the  nature  of  said  peti- 
tion, be  given  to  the  said by  cita- 
tion served  not  less  than  five  days  before  the  day  ap- 
pointed therefor,  as  aforesaid. 

Dated ,  191 

Order  Appointing  Guardian  of  Incompetent. 

(Title) 

Now   comes ,   the  petitioner 

herein,  by ,  his  attorney,  and 

proves  to  the  satisfaction  of  the  Court  that  his  petition 

was  filed  herein  on  the day  of , 

191 ;  that  thereupon  the  Court  made  an  order  ap- 
pointing the day  of 191 , 

as  the  time  for  hearing  the  same  and  directing  that 
notice  of  the  time  and  place  of  such  hearing  be  given; 
that  due  notice  of  the  time  and  place  of  the  said  hear- 
ing was  personally  served  on  the  said 

not  less  than  five  days  before  the  time  so 

appointed   and    (said   hearing   having   been    regularly 

postponed  to  this  time,)    (the  said 

also  appears  in  person  ;md),  or  (and  it  is  also  shown 

to  the  satisfaction  of  the  Court  that  the  said 

is  not  able  to  attend  in  Courl  al  this  hearing 

and  cannol  be  produced,  and)  thereupon  the  Court 
proceeds  to  the  hearing  and  examination  upon  said 
petition,   and   after   hearing   the    evidence,    finds   that 

said is  incapable  of  taking  care  of 

h self  and  (or)  managing  li property  (and  is  in- 
sane), and  thai  said  petition  oughl  to  be  granted.  It 
is  therefore  ordered,  adjudged  and  decreed  by  the 
Courl   thai   said is  incapable  of 

99 


taking  care  of  h self,  and  (or)  managing  h prop- 
erty (and  is  insane)  and  that be 

appointed  guardian  of  the  person  and  (or)  estate  of  said 
,  and  that  letters  of  guardian- 
ship be  issued  accordingly  upon giving  bond  as 

such  guardian  in  the  sum  of dollars, 

and  taking  the  oath  required  by  law. 

Dated ,  191 

Note — A  guardian  may  be  appointed  for  the  person 
or  estate,  or  both.  A  corporation  cannot  act  as  guar- 
dian of  the  person. 

Order  for  Sale  of  Real  Estate  by  Guardian. 

(Title  in  full) 

Now  comes ,  the  guardian  of 

said ,  by  Mr . , 

h attorney,  and  presents  his  verified  petition  for 

authority  to  sell  certain  real  estate  of  said 

,  and  proves  to  the  satisfaction  of  the 

Court  that  (due  publication  of  the  order  to  show  cause 
herein  has  been  duly  made,  as  required  by  law  and  by 
the  order  of  the  Court)  (if  continued,  add — and  the 
hearing  having  been  regularly  postponed  to  this  day), 
the  Court  proceeds  to  the  hearing  thereof,  and  after 
hearing  the  evidence  and  proofs  offered,  the  Court 
finds  that  a  sale  of  all  of  the  interest  of  the  said  ward 
in  the  land  hereinafter  described  (is  necessary — give 
reasons)  or  (will  be  beneficial  to  the  said  ward  for  the 
reason  (state  reasons). 

It  is  therefore  ordered  by  the  Court  that  said 

_ as  guardian  of  said , 

be  and  is  hereby  authorized  to  sell  at  (private  or  pub- 
lic) sale,  after  notice  in  form  and  manner  as  required 
by  law,  (and  on  a  day  not  less  than  eight  days 
from  the  first  publication  of  the  notice,)  and  upon  the 
following  terms,  to-wit:  (State  terms)  all  of  the  in- 
terest of  the  said  ward  in  the  land  hereinafter  de- 
scribed; that  before  making  said  sale,  said  guardian 
give  a  bond  in  the  form  required  by  law,  in  the  penal 
sum  of  $ 

The  real  estate  hereby  authorized  to  be  sold  is  de- 
scribed as  follows,  to-wit : 

(Description.) 

Dated ,  191 

100 


Notice  to  Secretary  of  State  Commission  in  Lunacy  of 
Hearing  of  Guardian's  Report. 

(Title) 

To  Secretary  of  State  Commission  in  Lunacy,  Sacra- 
mento, California : 

You  are  hereby  notified  that , 

guardian  of  the  estate  of , 

an  incompetent  person  now  confined  in 

State  Hospital,  at ,  California,  has 

filed  in  said  Court  his account  as  such 

guardian  and  that  petition  for  settlement  of  said  ac- 
count has  been  set  for  hearing  on  the day  of 

,   191 ,   at o'clock m., 

of  said  day. 

,  Guardian. 

By Attorney. 

Dated ,  191 

Service  of  a  true  copy  of  above  notice  on  the 

day  of ,  191 ,  is  hereby  acknowledged. 

Witness  my  hand  and  the  seal  of  State  Commission 
in  Lunacy. 


Secretary  of  State  Commission  in  Lunacy. 

If  service  not  acknowledged  proof  of  service  should 
be  made  in  the  following  form : 

State  of  California,        \ 
County  of  Sacramento.  J 

,  being  first  duly  sworn, 

upon  his  oath  deposes  and  says :  that  he  is  now  and 
during  all  the  times  herein  mentioned  was  a  male  citizen 
of  the  State  of  California,  over  the  age  of  twenty-one 
years  and  not  a  party  to  or  interested  in  the  within 
entitled  action ;  that  he  personally  served  the  within 

notice  on ,  Secretary  of  State 

Commission  in  Lunacy,  by  delivering  to  said 

Secretary  as  aforesaid,  personally,  a  true  copy  thereof 

in  the  City  of  Sacramento.  California,  on  the - 

day  of ,  191 

Subscribed  and  sworn  to,  etc. 

101 


Notice  to  Secretary  of  State  Commission  in  Lunacy  of 

Hearing  of  Guardian's  Petition  to  Mortgage 

(Title) 

To  Secretary  of  State  Commission  in  Lunacy,  Sacra- 
mento, California : 

You  are  hereby  notified  that , 

guardian  of  the  estate  of , 

an  incompetent  person  now  confined  in _ 

State  Hospital,  at ,  California,  has 

filed  in  said  court  his  petition  for  leave  to  mortgage 
real  estate  of  his  said  ward  in  an  amount  not  exceeding 

$ ,  and  that  said  petition  has  been  set  for 

hearing  on  the day  of ,  191 , 

at o'clock m.,  of  said  day.     The  real  estate 

sought  to  be  mortgaged  is  described  as  follows : 


,  Guardian. 

By Attorney. 

Service  to  be  acknowledged  or  proof  of  service  made 
as  for  hearing  of  Guardian's  account. 

Entry  of  Default — On  Petition  to  Ascertain  Heirship. 

(Title) 

The  following  named  persons,  to-wit  (Insert)  who 
alleged  to  have  or  claim  some  right  or  in- 
terest in  the  estate  of ,  deceased, 

having  failed  to  appear  in  the  matter  of  the  petition  of 

to  have  the  rights  and  interests 

of  all  persons  in  said  estate  declared,  and  said  persons 
having  each  been  duly  served  with  notice  of  said  peti- 
tion as  required  by  law  and  by  the  order  of  the  Court, 
and  the  time  limited  for  such  appearance  having  ex- 
pired, it  is  ordered  and  adjudged  by  the  Court  that  said 
persons  so  failing  to  appear  as  aforesaid  are  in  default 
in  said  proceedings  and  that  the  same  be  heard  and  de- 
termined in  their  absence. 

Dated ,  191 

Decree  Establishing  Heirship. 

(Title) 

Comes  now ,  the  petitioner 

herein,  by ,  h attorney ,  and 

also  comes complainant  herein,  by 

,  h attorney ,  and 

(Insert  other  appearances  in  same  way.) 

102 


and  (insert  names  of  persons  not  appearing)  come  not 
but  herein  make  default,  and  each  of  them  having  been 

duly  served  with  process  herein,  and 

failed  to  answer  or  plead  to  the  complaint  of 

filed  herein ,  the  said 

are  each  adjudged  to  be  in  default  accordingly,  and 

,  having  failed  to  answer  or  plead 

to   the   complaint   of filed   herein, 

said are  each  adjudged  to  be  in 

default  accordingly,  and  the  issues  being  joined,  the 
Court  proceeds  to  the  trial  thereof,  and  after  hearing 
the  evidence  and  arguments  of  counsel,  the  Court 
makes  and  renders  judgment  as  follows,  to-wit  : 

It  is  ordered,  adjudged  and  decreed  by  the  Court 

that died  test  ate  on  the 

day  of ,  191 ,  leaving  sur- 
viving as  his  only  heirs  at  law  the  persons  whose  names 
and  relationship  to  said  decedent  are  as  follows,  to-wit : 

(Insert.)  (If  deceased  died  intestate,  proceed  thus: 
And  that  thereupon  the  estate  of  said  decedent  de- 
scended to  his  said  heirs  at  law,  and  is  now  vested  in 
them,  subject  to  administration,  in  the  following  pro- 
portions, to-wit:     The  said is  the 

owner  of  an  undivided thereof;  the 

said.  etc..  and  each  of  said  persons  is  entitled  to  dis- 
tribul  ion  of  said  estate  according  to  his  or  her  respect  ive 
rights  and  interests  herein  set  forth,)  or  (if  deceased 
died  testate  proceed  thus:  Thai  said  decedent  left  a 
will  which  has  been  duly  admitted  to  probate  herein, 
and  that  by  the  terms  of  said  will  the  whole  of  the 
said  estate  is  devised  and  bequeathed  as  follows,  to-wit: 

A   specific  money  legacy  of  $ is  bequeathed 

to :  the  following  persona]  prop- 
erty is  bequeathed  to ,  to-wit: 

(Describe  it.)  the  following  described  real  est  ale  is  de- 
vised to ,  to-wit:  (Description.)  To 

be  held,  etc.,  (give  any  conditions  <>r  limitations)  and 
all  1he  residue  of  said  estate  is  disposed  of  as  follows: 
(Insert)  and  thai  upon  the  distribution  of  said  estate 

the   said    devisees   and    legatees   are    entitled    to    the    re 

spective  portions  thereof  as  above  sel  forth,  and  thai 
in  case  the  estate  is  not  sufficienl  to  satisfy  all  the  said 

bequests  and  devises  the  order  of  priority  shall  lie  ;is 
follows  :     (  Insert. ) 

Dated  191 

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o 


Decree  of  Partition. 

(Title) 

Now  come ,  by 

,  h attorney,  and  present  to  the  Court 

the  report  of ,  commissioner ap- 
pointed by  the  Court  to  make  partition  herein,  and 
moves  the  court  to  confirm  the  judgment  accordingly 
and  (shows  to  the  Court  that  notice  of  partition  made 

and  reported   by   said   commissioner ,   and   give   the 

time  and  place  of  making  said  motion  has  been  duly 
served  on  the  attorneys  of  record  of  all  parties  inter- 
ested herein),  or  (has  been  duly  given  by  posting  no- 
tice thereof  in  three  public  places  in  this  county  at 
least  ten  days  prior  to  said  time)  and  no  person  ap- 
pearing to  object  to  said  partition  (or 

and ,    appearing   by ...., 

h attorney ,  and  filing  and  presenting  h writ- 
ten objection  to  said  report  and  partition)  the  Court, 
having  examined  said  report  and  heard  the  evidence 
offered,  grants  said  motion,  and  confirms  said  partition. 

It  is  therefore  ordered,  adjudged  and  decreed  by  the 
Court,  that  said  partition  so  made  by  said  commis- 
sioner be  confirmed,  and  that  the  same  be  made 
effectual  forever  between  said  parties,  and  that  in  ac- 
cordance therewith  there  be  vested  in 

in  severalty,  in  lieu  of  his  undivided  share  of  said  es- 
tate, the  property  described  as  follows,  to-wit : 

(Description.) 

(Proceed  with  other  shares  in  same  manner.) 

The  property  to  be  so  partitioned  is  described  as  fol- 
lows, to-wit : 

(Description.) 
Dated L93 


105 


Decree  of  Distribution. 

(Title) 

Comes  now ,  the 

of  said  estate,  by ,  his  attorney, 

and  proves  to  the  satisfaction  of  the  Court  that  his 

petition  for  distribution  herein  was  filed  on  the 

day  of ,  191 ;  that  on  the  same  day 

the  Clerk  of  this  Court  appointed  the day  of 

,  191 ,  for  the  hearing  thereof;  that 

due  and  legal  notice  of  the  time  and  place  of  said 
hearing  has  been  given  as  required  by  law  and  by  the 
order  of  the  Court,  (if  continued,  add — the  hearing 
having  been  regularly  postponed  to  the  present  time,) 
said  petition  is  now  presented  to  the  Court,  and   (no 

person  appearing  to  contest  the  same)  or  ( _ 

having  appeared  by , 

attorney,  and  filed  and  presented  objections  and  ex- 
ceptions to  said  petition)  the  Court,  after  hearing  the 
evidence,  orders  distribution  of  said  estate  as  follows: 

It  is  ordered,  adjudged  and  decreed  by  the  Court 
that  said  deceased  left  surviving  as  his  only  heirs  at 
law  those  certain  persons  whose  names  and  "relation- 
ship to  said  decedent  are  as  follows,  to-wit :  (Insert.) 
(If  a  will  add — that  said  decedent  died  testate  and  all 
of  his  estate  is  disposed  of  by  his  will  as  hereinafter 
decreed)  or  (if  partially  intestate  say — that  said  de- 
ceased died  testate  disposing  of  only  a  part  of  his  es- 
tate by  will)  and  that  the  residue  of  the  estate  of  said 
deceased,  as  hereinafter  described,  and  all  other  prop- 
erty of  said  estate  whether  described  herein  or  not,  be 
distributed  according  to  law  (and  the  provisions  of 
said  will)  as  follows  : 

1.  To—   (Insert.) 

2.  To—   (Insert.) 

3.  And  the  residue  as  follows  to 

each  a part  thereof — etc. 

The  residue  so  distributed  to  said  last  named  persons 
is  described  as  follows,  to-wit : 

(Insert.) 

Dated ,  191 

106 


Decree  of  Distribution  to  Foreign  Executor. 
(Title) 

(Proceed  as  in  "Decree  Settling  Final  Account  and 
for  Distribution"  down  to  the  clause  declaring  the  bal- 
ance and  then  as  follows:)  That  the  will  of  said  de- 
ceased has  been  duly  admitted  to  probate  in  the 

Court  of County,  State  of 

,  that  said  State  was  the  place  of  res- 
idence of  said  decedent  at  the  time  of death,  that 

it  is  necessary  in  order  that  (the  whole  of  said  estate 
may  be  distributed  according  to  the  said  will)  or  (that 
a  certain  part  of  said  estate  hereinafter  described  may 
be    distributed   according   to   the   said   will)    that   the 

same  be  delivered  to  the of  said 

in  the  said  State  of , 

and  it  is  therefore  ordered  that  the 

herein  appointed  do  forthwith  deliver  to 

,   the _ appointed    by   the 

said  Court  of County,  State  of 

(the  whole  of  said  estate  remaining  in 

hands  as  aforesaid)  or  (The  following  portion  of  said 
estate,  to-Avit :) 

(Description.) 

Dated ,  191 

NOTE — To  be  used  for  personal  property  only. 

Decree  Settling  Account. 
(Title) 

Conies  now ,  the 

of  said  estate,  by    ,  attorney, 

and  presents  to  the  Court  for  settlement  this  accounl 
showing  cli  a  rues  in  favor  of  said  estate  amounting  to 

$ and  claiming  credits  amounting  to  $  , 

Leaving  a  balance  of  $ in hands  belonging 

to    said    estate;    and    lie    now    proves   to   the   satisfaction 

of  the  Court    that  said   account  was  filed  on 

,  191 ;  that  on  the  same  day  the  <'lcrk 

appointed  the     day  of ,  191 , 

as  the  day  for  the  settlement  thereof,  and  thai  notice 

of  the  time  and   place  of  said  settlement   has  been  duly 

given  as  required  by  law,  and  no  person  appearing  to 

excepl  to,  or  to  contest  said  account,  (if  continued 
add  and  said  set  t  leineni  having  been  by  the  Court 
regularly  postponed  to  this  day.)  the  Court,  after  hear- 
ing the  evidence,  find  said  accounl   correct. 

107 


It  is  therefore  ordered,  adjudged  and  decreed  by  the 
Court  that  said  account  be  in  all  respects  approved, 
allowed  and  settled. 

(If  corrections  are  made,  omit  finding,  and  say — 
corrects  and  settles  the  same  as  follows:  It  is  there- 
fore ordered,  adjudged  and  decreed  by  the  Court  that 
the  said  account  be,  and  the  same  is  corrected  so  that 
the  same  show  charges  in  favor  of  said  estate  amount- 
ing to  $ ,  and  credits  amounting  to  $ , 

leaving  a  balance  of  $ belonging  to  said  est- 

tate,  and  that  as  so  corrected  the  same  be  allowed  and 
settled.) 

Dated ,  191 

Decree  Settling  Account  and  for  Payment  of  Claims. 

(Title) 

Comes  now ,  the 

of  said  estate,  by ,  h ....attorney, 

and  presents  to  the  Court  for  settlement  his  account 
and  report   showing  charges  in  favor   of  said   estate 

amounting  to  $ claiming  credits  amounting 

to  $ ,  leaving  a  balance  of  $ in 

hands  belonging  to  said  estate;  and  he  now -proves  to 
the  satisfaction   of  the   Court  that  said  account  was 

filed  on ,  191 ,  that  on  the  same 

day  the   Clerk   appointed  the day   of - 

,  191 ,  as  the  day  for  the  settlement  there- 
of, and  that  notice  of  the  time  and  place  of  said  set- 
tlement has  been  duly  given  as  required  by  law,  and 
no  person  appearing  to  except  to,  or  contest  said  ac- 
count, (If  continued  add — and  settlement  having  been 
by  the  Court  regularly  postponed  to  this  day — )  ;  the 
Court,  after  hearing  the  evidence,  finds  said  account 
correct,  and  that  the  claims  set  forth  in  the  accompany- 
ing report  are  justly  due  and  payable  out  of  said  estate. 

It  is  therefore  ordered,  adjudged  and  decreed  by  the 
Court  that  said  account  be  in  all  respects  approved, 

allowed  and  settled,  and  that  said 

forthwith,  out  of  the  moneys  in  his  hands  belonging  to 
said  estate,  pay  all  the  debts  filed  and  allowed  against 
the  said  estate,  to-wit : 

Claim  of allowed  for  $ 

Claim  of allowed  for  $ _ 

Etc. 

Dated ,  191 

108 


Decree  Settling  Final  Account — Insolvent  Estate. 

(Title) 

Comes  now - ,  the 

of  said  estate,  by _ ,  his  attorney, 

and  presents  to  the  Court  for  settlement  his  final  ac- 
count and  report  showing  charges  in  favor  of  said  es- 
tate  amounting  to   $ ,   and   claiming   credits 

amounting  to  $ ,  leaving  a  balance  of  $ 

in  his  hands  belonging  to  said  estate ;  and  from  the 
proofs  offered,  the  Court  finds  that  said  account  was 

filed  on ,  191 ;  that  on  the  same 

day  the  Clerk  appointed  the day  of 

,  191 ,  as  the  day  for  the  settlement  there- 
of, and  that  notice  of  the  time  and  place  of  said  set- 
tlement has  been  duly  given  as  required  by  law,  and 
no  person  appearing  to  except  to,  or  contest  said  ac- 
count, (If  contiuued  add — and  said  settlement  having 
been  regularly  postponed  to  this  day)  the  Court, 
after  hearing  the  evidence,  finds  that  said  account  is 
correct  and  that  the  claims  set  forth  in  the  accom- 
panying report  are  justly  due  and  payable  out  of  said 
estate. 

It  is  therefore  ordered  and  adjudged  by  the  Court 
that  said  account  be  in  all  things  approved,  allowed 

and  settled,  and  that  said do 

forthwith  pay  the  said  balance  in  his  hands  upon  the 
claims  against  said  estate,  as  follows,  to-wit: 

To on  his  claim  of  $ , 

the  sum  of  $ 

To on  his  claim  of  $ , 

the  sum  of  $ 

Etc. 

Dated ,  191 


109 


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HOW  TO  COMPUTE  TAX  UNDER  LAW  OF  1911. 

(General  Laws  Act  4035a.) 
The  following  example  will  indicate  the  proper 
method  of  computing  the  tax,  as  provided  in  Sections 
2,  3,  and  4  of  this  Act.  It  will  be  noted  that  the  ex- 
emption is  to  be  deducted  from  the  first  $25,000.  This 
method  of  computation  has  been  approved  by  the  Su- 
preme Court  of  the  State  of  California  in  Estate  of 
Bull,  153  Cal.,  715,  and  in  Estate  of  Timkin,  39  Cal., 
Dec.  560,  decided  June  17,  1910: 

EXAMPLE  OF  COMPUTATION 

Relation-  Inheritance 

Name  ship  or  Transfer  Tax 

Mary  Jones.     Widow.     $1,500,000.00 

$24,000  exempt. 

$1,000  at  1%..  $10  00 

$25,000  at  2%..  500  00 

$50,000  at  3%..  1,500  00 

$400,000  at  4%..  16,000  00 

$1,000,000  at  5%..  50,000  00 

$68,010  00 
Andrew  Jones.  Adult  son.  $30,000.00 

$10,000  exempt. 
$15,000  at  1%..     $150  00 
$5,000  at  2%..       100  00 

-    $250  00 
Jane  Jones.         Sister.         $10,000.00 

$2,000  exempt. 

$8,000    at   2%..      160  00 

Total  tax $68,420  00 

Under  the  law  of  1905,  applying  where  decedent  died 
on  or  after  July  1,  1905,  and  prior  to  July  1,  1911,  the 
method  of  computation  is  the  same,  but  the  rates  and 
exemptions  are,  of  course,  different. 

The  fees  provided  by  statute  (Section  1618  C.  C.  P.) 
for  administrators  and  executors  are  as  follows : 

For   the   first        $1,000.00 7% 

For   the   next       $9,000.00 4% 

For   the   next     $10,000.00 3% 

For   the   next     $30,000.00 2% 

For   the   next     $50,000.00 1% 

For  all  above  $100,000.00 y2  of  1% 

Attorneys  shall  be  allowed  the  same  amounts  as  ad- 
ministrators or  executors  for  conducting  the  ordinary 
probate  proceedings  and  a  just  and  reasonable  further 
allowance  for  any  extraordinary  services  such  as  sales 
or  mortgages  of  real  estate,  litigation,  etc. 

112 


